John Gilbert, yeoman of Marden, Kent

(1711 ~ 1769)

Baptism:   

23rd November 1711 at Parish Church of Marden, Kent, England

Death:  

between 15th-18th September 1769 at Marden, Kent, England

Burial:

19th September 1769 at Parish Church of Marden, Kent, England

Spouse:  

Patient/Patience Whyman
 

marriage 20th June 1751 at Parish Church of Pembury, Kent, England
   
Will Written: 15th September 1769
Probate: 21st November 1769

 

John Gilbert was born in Marden, Kent in 1711, eldest son of John Gilbert and Susannah Austen. He appears to have lived his entire life in Marden, until his death in 1769.

His will is very involved - this was in part due to the fact that his only living child, Thomas, was not yet of legal age, and although he was named Executor, provision had to be made in case he did not survive until the age of 21. Primarily though, the length of the will concerns John's insistence that his wife, Patient, was not to remarry. For everything she is or may be given, conditions are attached preventing her receiving the bequests if she should remarry. It is also curious that the son Thomas, still a minor, was named Executor in preference to Patient.

Patient Gilbert (née Whyman) was buried in Marden on 5th June 1793 - she did not remarry.

John seems to have held considerable land in his life, from various parishes in Kent and Sussex. His acquisition of this land is still to be determined, but could in time lead to further clues as to the origins of these Gilberts prior to the mid-1650s.

 

In the name of God Amen, I John Gilbert of Marden in the county of Kent yeoman being weak and infirm in body but of sound and disposing mind memory and understanding praised be God for the same do this fifteenth day of September in the year of our Lord one thousand seven hundred and sixty nine make and ordain this my last will and Testament in manner and form following that is to say:

First and principally I commend my soul unto the hands of almighty God my maker and redeemer hoping through the merits death and passion of my blessed Lord and saviour to have free<?> pardon and forgiveness of all my sins and to inherit eternal life and my body I commit to the earth to be decently buried at the discretion of my Executor and trustees hereinafter named and as to the disposition of such temporal estate as it has pleased almighty God to bless me with I give and dispose thereof as follows:

First I will and desire that all my just debts legacies funeral expenses and probate of this my will be first paid and discharged by my Executor hereinafter named.

Item: I will and desire that my dear and loving wife Patient may have her living and continue with my son Thomas during her natural life if they can agree and so like but in case it shall be thought inconvenient to either of my said wife or son Thomas to so continue then I will and desire my said son Thomas to pay her the sum of thirty pounds a year during her natural life free from all taxes whatsoever <........> this condition that my said wife continues a widow but in case my said wife Patient shall happen to be married again that then and in such case my mind and will is that the said annuity shall forthwith cease and remain to my said son Thomas.

Also I give devise and bequeath unto my said son Thomas all that one third part the whole in three equal parts to be divided of and in all that one messuage or tenement with the lands and appurtenances thereto belonging and also of and in all those several pieces or parcels of land with the appurtenances thereto belonging situate at a certain place called <........> Street in Marden and now in the tenure or occupation of my brother Peter Gilbert or of his assigns and also of and in all that one messuage or tenement with the orchard lands and appurtenances thereto belonging situate near the Water Mill in Marden aforesaid and now in the tenure or occupation of James Hines<?> the elder or of his assigns and also one moiety or half part the whole in two equal parts to be divided of and in all that one messuage or tenement with the barn buildings lands and premises thereto belonging situate near Stilebridge<?> in Marden aforesaid and now in the tenure or occupation of Stephen Allabon<?> or his assigns and also one moiety or half part of and in all that one messuage or tenement with the barn buildings lands and premises thereto belonging situate near the Church Green in Marden aforesaid and now in the tenure or occupation of James Peckham and also all that one messuage or tenement with the barn buildings lands and premises thereto belonging situate near Knocks Bridge in the several parishes of Staplehurst and Frittenden in the said county of Kent and now in the tenure or occupation of Thomas Philpot or of his assigns and also all that one messuage or tenement known by the name of Lamberhurst <......> situate in Wadhurst in the county of Sussex and now in the tenure or occupation of Charles Waggon or of his assigns to hold to him my said son Thomas when and so soon as he shall arrive to the age of one and twenty years to make a will and dispose of the same and every part thereof as<?> in his discretion shall seem <.......>. But in case my said son Thomas shall happen to die or depart this life without lawful issue of his body and under the age of one and twenty years then and in such case I give devise and bequeath the said premises hereinbefore mentioned to be situate at <........> Street in Marden aforesaid and also the said messuage lands and premises situate near the Water Mill in Marden aforesaid and also the said messuage or tenement with the lands and appurtenances thereto belonging near Stillbridge in Marden aforesaid and in the several tenures or occupations of the said Peter Gilbert James Hines<?> and Stephen Allebon<?> unto my said wife Patient during the term of her natural life or widowhood and from and immediately after her decease or intermarriage unto the sons or son then living of the said Peter Gilbert equally between them (if more than one) and to their heirs and assigns and also the moiety of the said messuage or tenement with the buildings lands and premises herein also before mentioned to be situate near the Church Green in Marden aforesaid and in the occupation of the said James Peckham unto my said wife Patient during the term of her natural life or widowhood and from and immediately after her decease or intermarriage unto the sons or son then living of William Gilbert of Hunton in the county aforesaid yeoman equally between them (if more than one) and to their heirs and assigns for ever and also all that messuage or tenement called Lamberhurst <.....> in the occupation of the said Charles Waggon unto my said wife Patient also during the term of her natural life or widowhood and from and immediately after her decease or intermarriage unto Michael Wyman the younger and to his heirs and assigns for ever and also all that messuage or tenement with the lands and appurtenances thereto belonging situate near Knocksbridge  in Staplehurst and Frittenden aforesaid and in the occupation of the said Thomas Philpot unto my said wife Patient also during the term of her natural life or widowhood and from and immediately after her decease or intermarriage unto Thomas Wyman of Brenchley aforesaid and to his heirs and assigns for ever.

All the rest and residue of my estate as well real and personal whatsoever and wheresoever and of what nature and kind soever and not herein before given or bequeathed by this my will and of which I shall be actually possessed or entitled or which shall appear to be due to me at the time of my decease I give devise and bequeath unto my said son Thomas Gilbert for and during the term of his natural life with full power to dispose of the same when and so soon as he shall arrive at the age of one and twenty years. But in case my said son Thomas shall happen to die or depart this life before the age of one and twenty years then and in such case I give and bequeath the same and every part thereof unto my loving wife Patient during her natural life or widowhood and from and immediately after the decease of my said son Thomas under the age of one and twenty years and without lawful issue as aforesaid and the decease of my said wife or her intermarriage I give and bequeath the same and every part thereof unto John Wyman of Hunton save only and except the sum of five pounds which after the decease of my said son Thomas under the age of one and twenty years and without issue aforesaid and the decease of my said wife or intermarriage I give and bequeath unto my said sister <name missing, noted as so in original> Ladams and also the sum of five pounds apiece unto her sons John and Thomas Ladams to be paid unto them within six months after the same shall become due and payable by virtue of this my will.

And I do make and ordain my said son Thomas full and sole Executor of this my last will and Testament and do also nominate constitute and appoint Mr William Twort of Horsmonden in the county aforesaid tanner and Mr John Amhurst Walter of Marden aforesaid Trustees and overseers of this my will and also Guardians to my said son Thomas until his age of one and twenty years desiring them to be aiding and assisting to my said son Thomas and Executor in the due execution of this my last will as far as they lawfully may or can do desiring<?> my said Trustees to allow themselves all reasonable expenses for their time and trouble therein.

And lastly I do hereby revoke and make void all former and other will and wills by me at any time heretofore made declaring this and no other to be my only last will and Testament.

In witness whereof I the said John Gilbert the testator to this my last will and Testament contained in three sheets of paper have to the two sheets thereof set my hand and to the third and last sheet thereof my hand and seal the day and year first above written. Jno Gilbert, signed sealed published and declared by the said John Gilbert the testator as and for his last Testament in the presence of us who in his presence and at his request and in the presence of one another have hereunto subscribed our names as witnesses - John Diamond, William Collison, Josh Williams.

Probate: On the twenty first day of November in the year of our Lord one thousand seven hundred and sixty nine, administration with the will annexed of the goods chattels and credits of John Gilbert late of Marden in the county of Kent deceased was granted to William Twort the Elder one of the Testamentary Guardians appointed in the said will to Thomas Gilbert a minor the son of the said deceased and sole Executor named in the said will for the use and benefit of the said Executor during his minority having been first sworn duly to administer.

Source Information for this Will:  London Public Records Office [DocumentsOnline Project]; PCC Wills.

 

Notes Regarding Will Transcripts:

Modernised Spelling: In all cases except those relating to names of people or places, spellings have been modernised. Other modernisations include 'ye' being replaced with 'the', 'e' appended to the end of a word being dropped, interchanging of 'i' and 'y', etc.

Uncertain or Unclear Words: Where a word is unable to be read with any certainty, it is shown in the transcript as <...........>. Words which seem clear but are ambiguous will be followed by <?>.

Paragraphing/Formatting: Most wills were written in a single, long paragraph. The formatting shown here is only for the purpose of making the information easier to find, and is not necessarily represented in the original will as written by the court clerk.

Probate Details: This information was written at the very end of the will. When written in plain English, this can often be read easily. However, many wills, particularly the older ones, had this section in a version of Latin, which I am not proficient in.

Date of Writing of Wills: The date referenced in the opening lines of these wills, and often again towards the end above signatures of witnesses, is the date of writing of the original will. The probate section, at the very end, shows the date the will was proven. Actual death could have occurred any time in between.

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