The Last Will and Testament of Dame Johanna Kelley who died about 1774
The Will was first drawn up by Dame Johanna Kelley in 1772 about a year after her husband Sir George Kelley’s death. The Executor was a Robert Trevor husband of one of her nieces. The main beneficiary was a Grand Nephew one Matthew Cork who would inherit three quarters of her estate. The remainder of the estate was divided out among the others. (See Beneficiaries) Principally this was done through legacies and in the distribution of her personal effects and jewellery and it shows who was in or out of favour. This is most evident in the Codicils to the Will prepared in April and September, in one she explicitly disinherited a number of persons including her God Daughter and the “reputed natural children” of her brother Walter Cork . Walter does particularly badly from the Will and she also goes to particular lengths to ensure he does not benefit from it beyond her instructions. Interesting also are the instructions which she gives in relation to the disposal of her wearing apparel including her “stays and she means her best ones” She also gives explicit instructions as to her funeral arrangements along with it’s four horse drawn hearse and similar horse drawn coach for the mourners and as if to make certain of her place in the hereafter she doubles up on the amount of money normally given to the poor at that time!
In summary the Will provides a tantalising insight into the Life and Death of an eighteenth century woman of substance. It contains a wealth of genealogical information and will add to the historical record of Kent and in particular to the descendants of the Cork and Kelley families.
History of the Kelley’s:
Dame Johanna Kelley maiden name Cork was born about 1715 probably in Tunbridge Wells Kent. In 1743 she married Dr George Kelley an eminent physician. Her husband was born around 1700 and lived in the Tunbridge Wells area. He must have been a man of some substance because in 1758 for the not in those days inconsiderable sum of twelve Thousand pounds he purchased Rusthall estate, properties and Manor becoming the Lord of the Manor. It is probable that he made his money ministering to the wealthy sick; a favourite treatment in these days was to recommend drinking the mineral waters from the natural springs (or wells) in the Rusthall area outside Tunbridge Wells. A whole industry rose up around these springs which progressed from drinking it to total immersion or "dipping" in them but probably the most profitable area would have been in the provision of accommodation and lodgings, one in which he seems to have invested. In 1765 he built their home at Bishop’s Down Grove in the Rusthall estate, nowadays it is the site of the Spa Hotel. He subsequently rose to become Sheriff of Kent and was later Knighted, Sir George Kelley died in 1771. The estate and Manor are still in his descendant’s hands today, the present joint Lords of the Manor are Jeremy and Gerard Menuhin sons of Lord and Lady Menuhin.
Apart from the contents of her Will little more is presently known about Lady and then later Dame Johanna Kelley who died at Bishop’s Down in the Parish of Speldhurst, Kent sometime between March 1773 and September 1774.
The document itself is composed of four sheets of Vellum or parchment like material folded together along the base and sewn together at the bottom corners. When opened out each sheet is approx 30 inches wide and 24 inches long. Attached into the centre of the base is a page of similar material approx 7x7 inches square. This is a printed form with appended written details (see below) which confirm that the Will was proven and probated in the Prerogative Court of Canterbury on the 31st March 1774 This sheet bears two embossed “v” shilling stamps and on top of one of these is a George the third postage sized stamp Attached like a tab to this smaller sheet and to the Will is a seal approx 4x2 inches of the prerogative court The seal itself is within the two sheets of the like parchment and cannot readily be seen, however as it is embossed some details are visible through the back of the parchment tab.
The outside of the document bears some signs of its age with some dirt and staining but apart from that it is quite intact. The document has been stored folded in a parcel form. Width wise there are three major folds and length wise two. Thus the document closes into a parcel approx 10x7 inches. On the bottom outside centre square of this document parcel are the words in script:
Probate of the Will and Codicils
Of
Dame Johanna Kelley deced
1774
Also beneath this script there are what appears to be registration marks 1 2 .
The pages setting out her last Will and testament including Codicils, consist of over 4500 words of neat eighteenth century script with periodic large flowery capitalised words. Initially some difficulty was experienced in reading the Will, not because of the condition which apart from some damage within the creases formed by the folds is excellent, but from the unfamiliar handwriting.
Most of the words however become clear once familiar with the hand, repetition or from their context. Some words though are an educated guess and are shown in bold characters; those presently beyond guessing also in bold are shown as “illegible” It should though with further study and your help be possible to determine even those. To assist in the process linked to most of these words are pictures of them from the Will. Your help or comments would be appreciated in deciphering them.
In transcribing the document I have tried to remain faithful to the original text, in respect of the spelling, capitalising of letters and punctuation which follows that of the document. A particular difficulty though occurs from the near absence of paragraphs and punctuation marks, whether this was a convention of the day or that the marks have faded through time is not known. The main problem it created was in clearly understanding who should have got what when it came to the distribution of her personal effects. Whether this was a problem or not for the Executor will never be known. However for the sake of clarity and with apologies to any disinherited dead I have spaced it in the way I feel was intended.
Christina Bradshaw:1 2 Of Tunbridge Wells, “relative” and “kinswoman” of Johanna Kelley, beneficiary.
Agnes Bradshaw: 1 2 3 Daughter of Christina Bradshaw, beneficiary.
Ann Bradshaw: 1 Daughter of Christina Bradshaw, beneficiary.
Matthew Cork: 1 2 3 4 5 Grandson of Peter Cork (deceased) and Grand Nephew of Johanna Kelley, the major beneficiary.
Walter Cork: 1 2 3 4 5 6 7 8 9 10 11 Out of favour brother of Johanna Kelley, minor beneficiary.
Catherine Cork: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Daughter of Walter Cork, Niece of Johanna Kelley, beneficiary.
Satitia Cork: 1 2 3 4 Niece of Johanna Kelley, beneficiary.
Satitia Cork Junior: 1 2 3 Grand daughter of Peter Cork (deceased) and Grand Niece of Johanna Kelley, beneficiary.
Elizabeth Cork: 1 2 3 Niece of Johanna Kelley, beneficiary.
Charles Darwin :1 2 3 “Reputed natural child” of Walter Cork the brother of Johanna Kelley, beneficiary, but benefit removed in a Codicil to the Will.
Mary Darwin: 1 2 3 “Reputed natural child” of Walter Cork the brother of Johanna Kelley, beneficiary, but benefit removed in a Codicil to the Will.
Mary Dorman: 1 Presumed servant to Johanna Kelley, beneficiary.
George Gardiner: 1 Son of Samuel Gardiner, Grand Nephew and Godson of Sir George Kelley, beneficiary.
Catharina Hester: 1 2 3 4 5 6 7 8 9 10 Widow of William Hester, Niece of Johanna Kelley, beneficiary.
Catharina Hester: 1 2 3 4 5 6 Daughter of Catharina Hester widow, Grand Niece of Johanna Kelley, beneficiary.
Agnes Sarah Hester: 1 2 3 4 5 6 7 Daughter of Catharina Hester widow, Grand Niece of Johanna Kelley, beneficiary.
Theodore John Hester: 1 2 3 4 5 6 7 Son of Catharina Hester widow, Grand Nephew of Johanna Kelley, beneficiary.
Henry Nadauls: 1 2 3 Beneficiary, but benefit removed in a Codicil to the Will.
Mary Dilloon Nadauls: 1 2 3 4 Daughter of Henry Nadaul and God daughter of Johanna Kelly, beneficiary, but benefit removed in a Codicil to the Will.
William Saxton: 1 Presumed servant to Johanna Kelley, beneficiary.
Mary Skills: 1 Wife of the Reverent Mr Skills, beneficiary.
Robert Trevor: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Of Somerset Street London, sole executor of the Will, beneficiary.
Mary Trevor: 1 2 3 Wife of Robert Trevor and Niece of Johanna Kelley, beneficiary.
Other Surnames in the Will:
Thomas Allen: 1 2 Witness to the Will.
Thomas Aylmer: 1 2 Witness to the Will.
Ann Batchellor: 1 Witness to a Codicil.
Mrs Sarah Birth: 1 Daughter of deceased Sir James Cruved.
Peter Cork: 1 2 Eldest brother (deceased) of Johanna Kelley.
Sir James Cruved: 1 Deceased father of Mrs Sarah Birth.
William Foley: 1 2 Carpenter and Yeoman of Speldhurst Kent.
Samuel Gardiner: 1 Married to a Niece of Sir George Kelley.
G Gostling: 1 Deputy Register Prerogative Court.
Henry Goldstone: 1 Yeoman of Speldhurst Kent.
Sir George Hay. 1 Knight Doctor of Laws, Master Keeper, or Commissary of our Prerogative Court of Canterbury.
Robert Jenner: 1 Proctor in Doctors Common Prerogative court.
Reverent Mr Jephson : 1 Deceased.
Sargeant Jephson: 1 Son in Law to Rev Jephson's Widow.
Sir George Kelley: 1 2 Husband of Johanna Kelley.
Winifred Knight: 1 Witness to a Codicil.
Thomas Scoones: 1 2 3 4 5 Witness to the Will.
Francis Simpson: 1 2 Doctor of Law Surrogate of the Right Worshipful Sir George Hay Prerogative Court.
Reverent Mr Skills: 1 Husband of Mary a relative of Johanna Kelly.
Henry Stevens: 1 Deputy Register Prerogative Court.
John Stevens: 1 Deputy Register Prerogative Court.
Richard Stone: 1 Occupier of Johanna Kelly's property Swithins lane London.
Henry White: 1 Witness to a Codicil.
This is the Last Will and Testament of me Dame Johanna Kelley of Bishops-Down in the Parish of Seldhurst in the County of Kent Widow made and declared this eighth day of June in the year of Our Lord One Thousand Seven Hundred and Seventy Two
First I will that all such debts that I shall justly owe to any person or persons at the time of my death shall be truly and honestly paid and discharged and subject to the payment thereof I give and dispose of my whole estate real and personal in the following manner that is to say I give and desire all and any my manors illegible [1] lands illegible [2] and illegible [3] whatsoever situated lying and being in the Parish of Seldhurst aforesaid or elsewhere in the said County of Kent with their and every of their rights members [4] and Appurtunities [5] unto Robert Trevor of Somerset Street London esquire/ who married my niece Mary Cork/ and to his heirs upon trust and confidence that the said Robert Trevor and his heirs shall and do as soon as conveniently may be after my decease sell and dispose of the same manors mophsnages [6] lands tenments [7] and siuditaments [8]and every of them and every part thereof either together or in parallel as he or they shall think proper at and for such price or prices as he or they can reasonably get or claim for the same and for facilitating such sale or sales
I do hereby direct and order the purchaser or purchasers respectively of my said estates or any part of thereof paying this or their purchase money or monies to the said Robert Trevor his heirs or offspring and taking his or their receipt or receipts for the same shall be no ways answerable or accountable for the application thereof but shall be hereby and absolutely acquitted and discharged thereof to all intents and purposes whatsoever and as for the money or moneys that shall arrive or be made from such sale or sales as aforesaid my will is that the said Robert Trevor his heirs executors or administrators shall immediately after the same shall come to his or their hands lay out and invest the same invest in this or their own home or homes in bank stock or in some other parliamentary stocks annuities or government securities and from time to time alter and transpose the same as he or they shall see fit and as for the interest dividends and profits thereof my will is that the said Robert Trevor his heirs executors or administrators shall pay apply and dispose thereof in the following manner
that is to say three full undivided fourth parts thereof to and for the use and benefit of my Great Nephew Matthew Cork Grandson of my eldest brother Peter Cork deceased/ for and during such time as he shall remain under the age of twenty one years
and the other full undivided fourth part thereof to and for the use of Agnes Sarah Hester and Catharina Hester the two daughters of my niece Catharina Hester Widow in equal parts and proportions for and during the time they shall respectively remain under the age of twenty one years
and my will and desire is that when and as soon as my said Great Nephew Matthew Cork shall arrive at the age of twenty one years that then the said Robert Trevor his heirs executors or administrators shall pay apply and transfer the same three fourth parts of the product of my said estates and the stocks and securities in which the same shall be invested unto the said Matthew Cork his heirs executors or administrators to and for his or their use and benefit
nevertheless my express mind will and meaning is that during the life of my brother Walter Cork a sufficient part of the same three fourth parts of the produce of my said estates and of the stocks and securities in which the same shall be invested shall be set apart and appropriated to the payment of an illegible [8a] annuity or annual payment of Twenty Pounds a year of lawful money of Great Britain to my said brother Walter Cork by equal half yearly payments during his life which I do give and bequeath to be paid and payable to him out of the same during his life for his support and maintenance and the mode or particular manner of serving the same I leave entirely to the conduct and management of the said Robert Trevor his heirs executors or administrators
and as for the other remaining fourth part of the product of my said estates and the stocks and securities in which the same shall be invested My will is that the said Robert Trevor his heirs executors and administrators shall pay apply and transfer the same unto the said Agnes Sarah and Catharina Hester the two daughters of the said Catherine Hester widow as and when they shall respectively attain the age of twenty one years in equal shares and proportions if they both shall live to attain that age and if either of them shall dye under the age of twenty one years then the whole of the same fourth part to her that shall live to attain that age and to her executors and administrators for her and their use and benefit absolutely and as far as the rents and profits of my said real estates in Kent that shall arrive and illegible [9]one after my death and before the same shall be sold and disposed of in the manner before directed my will is that the same shall be received by the said Robert Trevor his heirs executors and administrators and by him paid to the same persons as would be entitled to the interest dividends profits of my said real estates if the same were laid out and invested in the purchase of stocks or annuities according to my directions illegible[10] the same here in before mentioned and if the said Robert Trevor his heirs executors or administrators shall think it proper so to do in/and they shall and may empower the said Catherine Hester Widow by letter of Attorney to receive the interest dividends and profits of her daughters fourth part or share of and in the profits of my real estates and of the stocks and securities in which the same shall be invested during the minority of her said daughters she giving security for the application thereof to their use and benefit in the maintenance and duration or otherwise
Provided always and it is my express wish will and meaning that the said Robert Trevor his heirs executors or administrator shall and may in the first place lawfully deduct take and default to him and themselves and retain in his and their hands out of my said estate and of the produce thereof all such sum or sums of money costs and charges and damages whatsoever as they shall pay lay out expend sustain inure or suffer in or about the management and execution of the several trusts aforesaid or any other matter or Thing relating hereunto
in anywise howsoever it being my full intention he and they should be thoroughly indemnified from all damages and expenses relating to the execution of the said trusts and it is also my express mind will and meaning that the said Robert Trevor his heirs executors or administrators shall be answerable or accountable for so much of the said trusts moneys only as shall come to his or their hands and shall not be liable to make good any loses that may happen therein or in the conduct or management thereof without his or their wilful default or neglect
and for as much as I do intend the said annuity or yearly payment of Twenty Pounds a year for the better support and maintenance of my said brother Walter Cork It is therefore my express mind will and meaning that it shall not be in his power to alienate the same nor shall the same be subject to his debts or the payment thereof in any manner whatsoever
Also I give and desire my one full undivided illegible [11] or half part or share/the whole unto two equal parts being and to be divided/ and all other my parts purports share and interest whatsoever of and in all that illegible or tenements [12] with the building ground and appurtunaures [13] whatsoever thereunto belonging situated lying and being in Swithins Lane London and now or late in the occupation of Richard Stone esquire unto Theodore John Hester son of the said Catharina Hester widow/ his heirs and offspring for ever and if he shall die before he arrives at the age of twenty one years then I give and desire the same to his two sisters Agnes Sarah Hester and Catharina Hester the said daughters of Catharina Hester Widow and their heirs and offspring for ever to be equally divided between them share and share alike and to take as Tenants in common and not as joint Tenants and in regard the said Theodore John Hester is at present under the age of twenty one years I do appoint and empower the said Catharina Hester Widow his mother to receive and take the shares and profits of the said money and premises until he shall arrive at the age of twenty one years for his use and benefit and towards his maintenance and education and in like manner in case of the death of the said Theodore John Hester under the age of twenty one years my mind is that the said Catherine Hester Widow shall receive the rents and profits of the said property and premises for the use and benefit of the said two daughters Agnes Sarah and Catharina Hester till they arrive at the age of twenty one years and if the said Catharina Hester Widow shall find it necessary to raise a larger sum for the putting forth her said son Theodore John Hester apprentice[14] than the rents and profits of the said property [15] and premises will amount to pay then the said Catherine Hester his Mother shall have and I do hereby give her full power to raise a sum of money that will be sufficient for that purpose not exceeding three hundred pounds and that by illegible [16] and mortgage of the said property and premises for the term of five Hundred years or any before term as she shall think proper but she shall first obtain the consent of my executors herein after named for that purpose if he be living
Also I give and bequeath unto my Niece Satitia Cork the sum of One Hundred Pounds of lawfull money of Great Britain.
To my Niece Elizabeth Cork the like sum of One Hundred Pounds of like lawfull money.
To the said Robert Trevor and Mary his wife my Niece the like sum of One Hundred Pounds a piece of like and lawfull money.
To my Great Niece Satitia Cork junior/the Granddaughter of my brother Peter Cork/the like sum of One Hundred Pounds of like lawfull money.
To my Niece Catherine Cork the daughter of my brother Walter Cork the sum of Two Hundred Pounds of like lawfull money
To the said Catherine Hester Widow the sum of One Hundred Pounds of like lawfull money.
To my said brother Walter Cork the sum of Twenty Pounds of like lawful money.
To the Widow of the Reverent Mr Jephson and Mother in law to Mr Sargeant Jephson the sum of Ten Guineas of like lawfull money.
To my kinswoman Christina Bradshaw Widow the sum of Twenty Pounds of lawfull money.
To her two Daughters Agnes and Ann Bradshaw the sum of Ten Pounds apiece.
To my dear relation Mary the Wife of the Reverent Mr Skills the sum of Ten Guineas of lawfull money
To Mr Henry Nadauls of Tunbridge Wells my good and respected friend the sum of Twenty Guineas of like lawful money.
To his wife the sum of Ten Guineas of lawfull money and to his Daughter Mary Dilloon/who is my God Daughter/ the sum of Twenty Guineas of like lawfull money
the said several legacies to be paid within six months next after my decease by my executor herein afternamed and as the said Mary Dilloon Nadauls is an infant under the age of twenty one years her legacy shall be paid to her father for her use and his receipt shall be a sufficient discharge to my executors herein afternamed for the same.
Also I give and bequeath unto Charles Darwin and Mary Darwin the reputed natural children of my brother Walter Cork the sum of Fifty pounds apiece of like lawfull money to place them out apprentices or to be otherwise applied for their use and benefit as my executors herein afternamed shall think proper
and I do illegible [17] and order my executors herein after named to reserve in his hands a sufficient sum of money to bury my brother Walter Cork in the same manner or in as near thereunto as the circumstances of time and place will admit in which I intend to be buried and illegible [18] which I do intend to give some special and particular directions and to leave the same in writing sealed with this my will and I do require that my executors still observe such directions in the conduct and management of my funeral
Also I give bequeath unto the said Satitia Cork my Niece one of my Diamond earrings with the Diamond barr belonging to it to make her a ring
I give to my Niece Elizabeth Cork my Gold watch with the Gold chain and Gold seal thereto belonging and my green Emerald Ring with the two Diamonds on each side
I give to my Niece Mary Trevor the wife of the said Robert Trevor my Diamond Barr that I wear atop my stays my gilt illegible [19] chain and all thereto belonging
I give to My said Great Nephew the said Matthew Cork my Silver Clothes brush marked with the letters P.U.M.
I give to my Great Niece the said Satitia Cork junior my other Diamond Ear ring with the back belonging to it to make her a ring
I give to my Niece Catherine Cork my Diamond Buckle and my Diamond Heart ring and my knife and fork with Gold finials that were my Mothers
I give to my Great Nephew the said Theodore John Hester (in smaller print above this sentence is stated “My large Diamond Ring that was my Grandfathers
I give to the said Agnes Sarah Hester the sister of the said Theodore John Hester” my Pearl Necklace with two rows of large pearls,
unto her sister the said Catherine Hester my necklaces with small Pearls and the locket with one Diamond belonging to it and as I wish these two Necklaces may remain in my family my desire is that if the said Agnes Sara and Catherine Hester her sister shall dye under the age of twenty one years that the necklaces given to her so dying shall belong to the survivor
Also all the rest and illegible [20] of my worldly [21] Money Debts Goods Chattels and Personal Estate whatsoever/my debts legacies and funeral expenses and the charges of proving this my will and all other incident charges being first paid and satisfied/ I give and bequeath unto the said Satitia Cork my Niece ,Elizabeth Cork my Niece ,Mary Trevor my Niece, Satitia Cork junior my Grand Niece, Catherine Cork my Niece, Catherine Hester Widow and my Great Nephew Matthew Cork to be equally shared and divided between them share and share alike and I do herby make and ordain the said Robert Trevor the full and sole executor of this my last will and testament herby revoking and making void all former will by me formally made.
In witness thereof I the said Dame Johanna Kelley have to this my last will and testament contained in five sheets of paper to the four first sheets thereof set my hand and to this last sheet my hand and seal the day and year first above written …Johanna Kelley…(seal sign)…… signed sealed published and delivered by the above named testatria [22] as and for the last Will and Testament in the presence of us who at her request have subscribed our names as witnesses hereto..Tho Scoones…Tho. Aylmer…Thomas Allen
Lady Kelly’s Desire as to her Wearing Apparel
That her best suit of illegible illegible[23][24] handkerchief [25] double ruffles and Cap should go to her Niece Catharine Cork Daughter of Walter Cork that her suit of illegible illegible[26] [27] illegible illegible [28][29]and double ruffles and illegible illegible [30][31] with skirts studded with Silver should go also to the said Catherine Cork and the same to be delivered to Mrs Sarah Birth for her use Mrs Birth is a Daughter of the late Sir James Cruved and is an intimate friend and acquaintance of the said Catherine Cork
that all the rest of her apparel both Linen Woollen Worsted Silk Thread and of every other sort and kind whatsoever should go to her Niece Catherine Hester Widow of William Hester deceased
and she desires her Executors would pay out of her personal estate as a legacy the Sum of Five Guineas to Mary Dorman the young lass [32] that now lives with her ladyship also a pair of Stays she means her best Stays
and also Five guineas to William Saxton that now lays in her ladyships house
…..Johanna Kelley…..Signed by Lady Kelly the 25th of June 1772 in my presence ..Tho. Scoones
March 29th 1774
On which day appeared personally Agnes Bradshaw of the parish of St Mary Staining London spinster and being sworn on the Holy Evangelists to dispose the Truth made Oath as follows
that she knows and was acquainted with lady Johanna Kelly late of Bishop’s Down in the Parish of Seldhurst in the County of Kent Widow deceased for some Time before and to the Time of her Death and with her manner and character of hand writing and subscription having seen her write and subscribe and now viewing and carefully perusing the paper Writing hereto annexed purporting to be and contain a Codicil and addition to the Last Will and Testament of the said deceased Beginning thus “Lady Kelley’s desire to her wearing apparel” ending “ she means her best stays and also five guineas to William Sexton that now lays in her ladyship’s house” and thus subscribed “Johanna Kelley” she thus illegible [33] illegible illegible[34] [35] and in her conscience believes the name hereto subscribed to be of the proper hand writing and subscription of the said deceased ….Agnes Bradshaw …same day the said Agnes Bradshaw was duly sworn before me
Fth Simpson surrogate.. Pt Chal Bishop Nol Pubb
Dame Johanna Kelley of Bishops Down in the Parish of Seldhurst in the County of Kent Widow having made and executed my Last Will and Testament in writing bearing Date the eighth Day of June last and being minded to make some alterations therein do make and ordain this present writing to be a Codicil to my said Will and do desire the same may be deemed and taken as part thereof
Whereas by my said Will I have given to Mr Henry Nadauls now or late of Tunbridge Wells the Sum of Twenty Guineas to his Wife the Sum of Ten Guineas and to his Daughter Mary Dilloon/ my Goddaughter the Sum of Twenty Guineas to be paid in six months after my Death by the Executor named in my said Will and I have also given to Charles Darwin and Mary Darwin the reputed natural children of my Brother Walter Cork the sum of Fifty pounds apiece to place them out as apprentices or to be otherwise applied for their benefit as my executors should think proper
Now I do hereby absolutely revoke the said several legacies so given to the said Henry Nadauls his Wife and Daughter Mary Diloon and also to the said Charles Darwin and Mary Darwin
I do desire that the same shall not be paid or payable but shall be absolutely null and void to all intents and purposes whatsoever
And I also by this Codicil give and bequeath to my Niece Catherine Cork Daughter of my Brother Walter Cork the Sum of Three Hundred Pounds of lawful money of Great Britain to be paid to her within six months most after my Decease by the Executor named in my said Will over and above the said Two Hundred Pounds given to the said Catherine Cork by my other said Will or any other legacy therein given to her it being my intention that she should have the same and the Three Hundred Pounds given her by this my Codicil
Also I give and bequeath to George Gardiner Son of Mr Samuel Gardiner and Grand Nephew and Godson of my late Husband Sir George Kelley Knight deceased a Gold headed cane that was my said Husbands to be delivered to the said Samuel Gardiner for the use of his said Son within three months next after my Decease by the Executor of my said Will and in all other respects I do ratify and reaffirm my said Will
In Witness whereof I the said Dame Johanna Kelley have here unto set my hand and seal this twenty second day of April in the Year of our Lord One Thousand seven Hundred and seventy three The J.K./ letters or Marks of Dame Johanna Kelley .(seal sign) Signed sealed published and delivered by the above named Dame Johanna Kelley as and for a Codicil to the last Will and Testament and by her desire to be deemed and taken as part thereof In the presence of us who have subscribed our names as Witnesses to the same in her presence… Henry White… Tho. Scoones.
Whereas I have made my last Will and Testament in Writing bearing date the Eighth Day of June One Thousand seven Hundred and seventy two and I have therein
given to my Niece Catherine Cork the Daughter of my Brother Walter Cork the Sum of Two Hundred Pounds to be paid in six months after my Decease ( written in small print between the lines is "To the said Catherine Cork my Diamond Broach my Diamond heart ring Knife and fork with Gold finials which were my Mothers and I have also therein given”
and I have also herein given her a share in the division of my Personal Estate and whereas I have by a Codicil to my said Will given the said Catherine Cork my Niece the Sum of Three Hundred Pounds/over and above what I have given her in my said Will/ to be paid six months after my Decease which Codicil beareth Date the twenty second Day of April last
And whereas my said Niece Catherine Cork is since dead
I do therefore give and bequeath the sum of Two Hundred Pounds which In my said Will I had given go to the said Catherine Cork unto all the children of Mr Samual Gardiner who intermarried with a Niece of my late Husband Sir George Kelley/that shall survive me to be equally divided amongst such Children
if there shall be more than one share and share alike and if there shall only one child survive me then this whole Two Hundred Pounds to such only child and to be paid to him her or them respectively at his her or their respective age or ages of Twenty One Years with interest for the same at the rate of Three Pounds and Ten Shillings per centum [36]per Annum from the end of six months next after my Decease until the said Two Hundred Pounds shall become payable.
I also give the Diamond Buckle the Diamond Ring and the Knife and Fork and the share in the division of my Personal Estate which in my said Will I had given to the said Catherine Cork unto my Niece Catherine Hester Widow absolutely to and for her own use and benefit
and do give and bequeath the Sum of Three Hundred Pounds which in the said Codicil to my Will I had given to the said Catherine Cork unto the three children of the said Catharina Hester Widow namely Agnes Sarah Hester, Theodore John Hester and Catherine Hester to be equally divided between them share and share alike and to be paid them severally and respectively at the several and respective ages of Twenty One Years with interest for the same at the rate of Three pounds Ten Shillings per centum[37] per Annum from the end of six months next after my Decease until the said Three Hundred Pounds shall become payable with interest shall be paid into the hands of their Mother this better to enable her to maintain educate and bring them up and in all other respects than is herein before mentioned
I do reaffirm and ratify my said Will and Codicil and I do desire that this present writing may also be taken as a Codicil to my said Will and hereto and deemed as part thereof In Witness whereof I have hereunto set my Hand and Seal the second Day of September in the Year of Our Lord One Thousand seven Hundred and Seventy three The Mark X and Seal of Dame Johanna Kelley…(seal sign) Signed sealed published and delivered by Dame Johanna Kelley as and for a Codicil to the Last Will and Testament and by her desire to be deemed and taken as part thereof in the presence of us who have subscribed our names as Witnesses to the same in her presence. Winifred Knight. Ann Batchellor. Tho.Scoones….
Directions for lady Kelley’s funeral referred to by her Will
My desire is to be buried in a private manner at Camberwell in Surrey in the same vault where the bodies of my Mother and Father are buried
And I desire that the Executor of my Will will have the said Vault and the Tombstone belonging to it cleaned [38]and the iron rails painted soon after my testament
I would have a leaden coffin with a wooden one over it and the wooden one covered with black cloth Rails and singers [39] also to be black and a copper plate and that the same should be made and prepared by William Foley of Speldhurst in the County of Kent Carpenter
I would be buried in my own linen My desire is that my relation Mrs Bradshaw may serve my funeral and that she nay send down an Hearse and four horses and a coach and four horses to carry illegible [40] attend my Body to Camberwell in Surrey aforesaid and I would have the said William Foley and Henry Goldstone of Speldhurst aforesaid Yeoman attend my Corpse in the said coach to the Grave
my desire is that Rector afternoon service and Curate of Camberwell may attend to receive my body at the Church and that they may have Gloves Silk Hatbands and Scarves and I would also have the Clerk and Sexton have Hatbands and Gloves
and over and above the fifty shillings which the Poor of Camberwell will be entitled unto on account of my body being buried Since I would have my Executor immediately after my Burial distribute the sum of fifty shillings among the poor of the workhouse of Camberwell.
Johanna Kelley Witness to the signing thereof by Lady Kelley Tho. Scoones, Tho. Aylmer, Tho. Allen.
Written on the bottom side of this the last page of the document are the words:-
“Extracted by Robert Jenner Proctor in Doctors Commons”
The Attached Probate sheet: (The print in bold text is the appended text.)
Frederick by Divine providence Archbishop of Canterbury, Primate of all England, and Metropolitan, do by these presents make known make known to all Men, that on the thirty first Day of March in the Year of our Lord one Thousand Seven hundred and Seventy four at London, before the Worshipful Francis Simpson Doctor of Law Surrogate of the Right Worshipful Sir George Hay Knight. Doctor of Laws, Master Keeper, or Commissary of our Prerogative Court of Canterbury, Lawfully constituted the last Will and Testament with four Codicils of Dame Johanna Kelley late of Bishop’s Down in the Parish of Speldhurst in the County of Kent Widow deceased.
Hereunto annexed, was proven, approved and registered; the said Deceased whilst living and at a Time of her Death, Goods, Chattels or Credits, in divers Dioceses or Juristrictions by reason whereof the proving and registering the said Will, and granting, Administration of all and singular the said goods, Chattels and credits and also the auditing, allowing and final discharging the account thereof, are well known to appertain only and wholly to us, and not to any inferior Judge; and that administration of all and singular the goods, Chattels and Credits of the said Deceased, and any way concerning her Will was granted to Robert Trevor esquire the sole Executor. Named in the said Will he having been sworn well and faithfully to administer the same, and to make a true and perfect Inventory of all and singular the said Goods, Chattels and credits, and to exhibit the same into the register of our said court on or before the last Day of September next ensuing, and also to render a just and true Account thereof.
Given at the time and place above written and in the sixth year of our translation. John Stevens, G Gostling, Henry Stevens. Deputy Registers
Wills can often provide a wealth of information for the Genealogist and this one is no exception. In relation to her direct family it provides us with the names of two of her brothers, five nieces and a nephew name unknown, as well as five great nephews and nieces. Additionally it gives two of her nieces spouses names, it also jiggles the skeletons in the cupboard of her brother Walter by referring to his two "reputed natural children" Apart from the direct family the Will also alludes to two other of her "relatives" and to one of her husband Sir George Kelley's nieces, her spouse as well as their son.
The value of this genealogical gem will be mainly to any living direct or indirect descendants researching their tree. Rusthall Manor is today still in the hands of Sir George Kelley's descendants, so there is a line back to him. It is not known however if there are any living descendants on the Cork side. It would be wonderful to know if any of Johanna Kelley's legacies and bequests given in her Last Will and Testament made a difference or if any of her worldly possessions are now someone's treasured family heirloom?
Preliminary research on the family has found the following in the I.G.I. (International Genealogical Index)
1.Agnes Sarah HESTER Christened 3rd Nov 1766 at Chesthunt, Hertford, England.
Parents: William HESTER and Catherine. Batch No C072252 Sheet No 00 Source Call No 0991371.
2.Theodore John HESTER Christened 25th Aug 1768 at Chsthunt, Hertford, England.
Parents: William HESTER and Catherine. Batch No C072252 Sheet No 00 Source Call No 0991371.
3.Catharine HESTER Christened 13 Nov 1769 at Chesthunt, Hertford, England.
Parents: Wm HESTER and Catharine. Batch No C072252 Sheet No 00 Source Call No 0991371.
The following sites provided me with information on the Kelley family, Rusthall Manor and Bishop's Down in the Parish of Speldhurst Kent. They also show how these places are today.
The Friends of Tunbridge Wells and Rusthall Commons Newsletters "Common Ground"
Rusthall and Denny Bottom History
The Weald of Kent Surrey and Sussex.
The International Genealogical Index
The owner of the Will is my brother Les Strachan who lives in Virginia U.S.A. He and his wife Nancy have a jewellery business called Shiny Stuff , but they also have a huge collection of assorted other “stuff".. indeed garages and storage rooms full of "stuff". Like much of it, it has been in their possession for so many years that its origin has been long forgotten.
The document which they have had for at least fifteen years was likely to have been picked up at some flea market in the States or possibly in Scotland where they often travelled. As a curio it is impressive, made as it is from large vellum parchments with its old English script. The title and date alone give it clear historical and noble providence, much valued in the States. While valued it might have remained no more than an interesting piece for table talk except that my brother decided that I needed something to occupy my retirement!
That is how I came to start transcribing the Will and to do some Internet research on it. The more I have found out the more I wish to know about the family. However just like the original document it is no good letting the information languish in a cupboard so I have prepared this Web page so we can share the Will with you.
If you have found it interesting or if you have any more information to add or can help with any of the unknown words I would love to hear from you. Ronnie mailto:strachans@eircom.net
