This is the last will and testament of one Samuel Oyler of Staplehurst in the County of Kent, Gentlemen, made and published this third day in July one Thousand eight hundred and forty
First I nominate constitute and appoint my brother George Oyler, of Ticehurst in the County of Sussex, farmer, my son in law William Smith of Staple Hurst of aforesaid farmer and my daughter Hannah Chapman, widow, joint executors and executive of this my Will and I direct that my said executors and executive do cause to be plainly and decently buried in the churchyard of Hawkhurst in the said County of Kent as soon after my decease as they in their direction shall think proper
I direct that all my just debts funeral and testamentary expenses shall be fully paid and satisfied as conveniently may be after my decease I give and bequeath unto the said George Oyler, William Smith and Hannah Chapman the sum of ten pounds each in consideration of the trouble they will have in executing the trusts of this my will I give and bequeath to my dear wife Elizabeth Oyler the possession and use of all the household goods and furniture, plates, linen, china, glass and other house keeping effects of which I shall be possessed at the time of my decease, during her life and after her decease.
I direct that the same shall be considered as part of my residuary personal estate I give unto my said wife Elizabeth Oyler and her assigns during her life one annuity or clear yearly sum of fifty two pounds or lawful money of Great Britain the same to be paid to her in equal portions quarterly, on the sixth day of January, the sixth day Of April, the sixth day of July and the eleventh day of October in every year. The first quarterly payment to be made on each of the said days of payment as shall first happen after my decease and I direct my executors to invest or lay out upon Government or real security in England in their joint monies so much money as shall be sufficient to yield the annual sum of fifty two pounds as paid for or fund for the payment of the said annuity and I direct that at the decease of my said wife the stocks funds and securities constituting the fund for the payment of the years annuity shall be paid and applied as part of my general personal estate.
I give and bequeath unto my son Samuel Oyler the sum of fifty two pounds and unto my son David Oyler The sum one hundred and fifty pounds and unto my son William Oyler the sum of one hundred and twenty five pounds And unto my granddaughter Mary the daughter of my daughter Susan Ongley the sum of one hundred and twenty five pounds I Give and bequeath unto Mary the wife of John Chantler of Reidont road in the County of Surrey/the daughter of my present wife by her former husband the sum of fifty pounds I declare that said several legacies or sums of money so Given and bequeathed by me to the said Mary Ongley and Mary Chantler shall be their respective sole and separate use and that their respective use receipts not withstanding their respective present or any future covertures shall be valid and effectual discharges for the said several legacies.
I give unto My son Thomas Pettit Oyler my watch and also all my wearing apparel I give and bequeath unto the said George Oyler, William Smith and Hannah Chapman the executors administrators and assigns two hundred pounds upon trust to invest the same in their name in the public fund or other government or real security in England and to stand possessed thereof and of the stock funds and security in or upon which the same shall be invested upon the trust to pay the dividends interest and annual probate arising there from unto or for the benefit for the said Thomas Pettit Oyler during his life or his own use and benefit and from and after his decease, in case his present wife shall survive him, upon trust to pay him dividends interest and annual produce of the said sum of two hundred pounds and to her, the said present wife of the said Thomas Pettit Oyler, during her life for her separate use free from the control and debts of any husband with whom she may afterwards intermarry and direct that her receipt or receipts shall be a sufficient discharge or sufficient discharges for the moneys payable to her under this my will and after the deceased of the survivor of them, the said Thomas Pettit Oyler and his present wife, then upon trust to transfer and pay and apply the money stock funds and security upon which the said sum of two hundred pounds shall be so invested, as aforesaid, unto and amongst all and every of the child and children of the said Thomas Pettit Oyler, who shall be living on his decease, and who shall attain the age of twenty one as tenants in common if more than one and also the issue then living and who shall attain the age of twenty one years of any child or children of the said Thomas Pettit who shall have died in his lifetime such issue through all the degrees to take per stirpes as tenants in common if more than one the share or respective share which his or their parents or respective parent will have been entitled to if living for the absolute use or benefits of our child or children or issue respectively.
Also I give and bequeath unto the said George Oyler, William Smith and Hannah Chapman their executors administrator and assigned the further sum of two hundred pounds upon trust to invest the same in the public funds or other government for real security in England and to stand possessed thereof and of the said stocks funds and security upon which the same shall be invested in trust for such of the two children now living of my late son John Oyler shall attain the age of twenty one years in equal shares if more than one as tenants in common provided always and it is my will that in case the said two children of my said son John Oyler or other of them shall depart this life in my lifetime or shall survive me and afterwards die under the age of twenty one years leaving lawful issue to who shall attain the age of twenty one years living at his or her decease then I direct that the issue of such of them so dying shall take and be entitled to if more than one equally among them/ the share or respective shares which his or their parent or respective parents would have been entitled to under the trusts aforesaid in case they had survived me and attained the age of twenty one years.
I give and devise unto my said wife Elizabeth Oyler all that messuage or tenement in which I now dwell with the garden pond of water and appurtenances thereunto belonging as the same are now in my own occupation situate at Staplehurst. Aforesaid, together with the alley way and passage thereto adjoining and belonging (subject) however as to the said alley way or passage to the right of way or passage hereinafter described for the owners and occupiers of the cottage, slaughterhouse, garden and premises thereto adjoining on the north, now in the tenures or occupations of a William Watkins and John Watkins and Thomas Watkins, their father, to hold the same unto my said wife Elizabeth Oyler and her assigns for her life and from and after the decease of my said wife I give and devise the said messuage or tenement garden and premises with the appurtenances unto and to the use of my granddaughter Betsy Smith/ the daughter William Smith by my daughter Betsy his late wife/her heirs and assigns forever I give and devise unto the said George Oyler and William Smith their heirs and assigns all that messuage or tenement barn stable outbuildings and about twenty acres of land thereto belonging with the appurtenances and which I lately purchased of Mr Edward Clark and others and now in the occupation of Thomas Huggins, to hold the same unto and to the use of the said George Oyler and William Smith their heirs And assigns for ever upon trust from time to time to pay the rents and profits thereof unto my daughter the said Hannah Chapman or permit and empower her to retrieve the same during her life for her own sole and separate used and benefit and after her decease upon trust that they, my said trustees, or the survivor of them their or his heirs or assigns do and shall with all convenient speed absolutely, sell and dispose of the said messuage law and either by public auction or private contract or both and in such lots or parcels and manner as they or he shall think proper with power to purchase in the same at any auction or auctions and also to rescue vary or alter any contract for sale actually entered into and to make and enter into special conditions and stipulations with any purchaser or purchasers relative to title or otherwise and do and shall for the purpose of …. into effect such contract for sale make and execute all necessary conveyances and assurances to the respective purchasers thereof or as they shall respectively direct and I declare that the said trustees shall stand possessed of the moneys to be purchased by such sale or sales as aforesaid after deducting the expenses attending the said sale in trust for all and every of the child and children of the said Hannah Chapman who shall be living at her decease and who shall attain the age of twenty one years as tenants in common if more that one and also the issue then living and who shall attain the age of twenty one years of any child or children, of the said Hannah Chapman, who shall have died in her lifetime such issue through all the degrees to lock per stirpes as tenants in common if more than one the share or respective shares which his or their parent or respective parents would have been entitled to if living for the absolute use or benefit of such child children or issue respectively.
And whereas I have lately contracted for the sale to the South Eastern Railway Company of all those seven freehold messuages tenements or cottages, land and hereditaments thereunto belonging situate, near to a certain place in the parish of Staplehurst aforesaid called the Tom Yard Row, I do hereby authorise and direct my said trustees each to complete such purchase or relinquish the same as circumstances require and as my said trustees in their discretion, if it shall be a matter of choice shall judge most expedient, but if from any cause whatever the said contract with the said South Easter Railway Company should not be carried into effect then I direct that my said Trustees or trustee for the time being shall stand possessed of the said last mentioned messuages, lands and hereditaments with the appurtenances upon the trusts and for the several ends intents and purposes hereinafter expressed and declared of an concerning the residue of my said real and personal estate and as to for an concerning all than messuage or tenement Butchers Shop, slaughterhouse, stable and other buildings lately erected by me upon part of the ground formerly belonging to the said messuage or tenement and premises wherein I now dwell with the garden there to belonging lying North Of the Alley and footpath hereinafter mentioned and also so much of the land or ground as lies northeast and east of the footpath leasing round the northeast and east sides of the pond belonging to the said messuage or tenement in which I now dwell as the same garden land and premises are now stamped off and occupied by the said William Watkins and John Watkins, together with a right of way or passage for the owners and occupiers of the said last mentioned hereditaments into and over and along the alley on the southside of the said last mentioned hereditaments extending from the Turnpike road along the North side of the messuage and premises, wherein I now dwell, to the North east corner of the washhouse part of the said last mentioned Premises and from thence leading to and round the north and east sides of the said pond into the said piece of land of ground hereinbefore mentioned and described to be in the occupation of the said William And John Watkins together, with a right to take water from the said Pond, and also as to and concerning all and singular the residue of my messuages, lands, tenements and real estate whatsoever and wheresoever and of what tenure or kindsoever and also as to for and concerning all the residue of my ready money securities for money, goods matters and other personal estate and effects whatsoever not hereinbefore otherwise disposed of, I give devise and bequeath the same and every part thereof respectively unto and to the use of the
Said George Oyler, William Smith, and Hannah Chapman their heirs, executors, administers and assigns respectively according to the several natures or qualities thereof but nevertheless upon and for the trusts intents and purposes following that is to say as to all the said residue of my said real estate upon trust that they the Said George Oyler, William Smith and Hannah Chapman and the Survivors and survivor of them their his or her heirs or assigns do and shall, with all convenient speed after my decease, absolutely sell and dispose of all and singular the same premises unto any person or persons by public auction or private contract or both and in such lots or parcels and manner as they he or she shall think proper with power to purchase in the same at any auction or auctions and also to rescind or alter any contract for sale actually entered into and to make and enter into special conditions and stipulations with any purchaser or purchasers relative to title or otherwise and do and shall for the purpose of carrying into effect such contracts for sale make and execute all necessary conveyances and assurances to the respective purchasers thereof or as they shall respectively direct.
And, as to the residue of my personal Estate and effects so bequeathed as aforesaid upon trust that the said George Oyler, William Smith and Hannah Chapman and the survivors and survivor of them there his or her executors administrators or assigns do and shall with all convenient speed after my decease, sell and dispose or collect, get in and receive the same and every part thereof and as to the moneys to arise from such sale or sales and the other moneys forming part of my said residuary personal estate (including as well the moneys to arise from the sale of the premises so contracted to be sold to the South Eastern Railway Company as aforesaid as/after the decease of my said wife/ the sum of money hereinbefore directed to be set apart to answer the acuity given and bequeathed to her/ I direct and declare that my said trustees or the survivors or survivor of them their his or her executors or administrators that stand be possessed thereof respectively upon trust to pay apply and dispose of the same unto between and amongst my said several children and grandchildren hereinbefore named according to the amount of and in proportion to their several pecuniary legacies by this my will given and bequeathed to them respectively.
And as to the shares of such of my said children and grandchildren whose legacies under this my will are herein before directed to be invested upon trust to invest and pay apply and dispose of the same shares and the incomes/ dividends and proceeds thereof respectively upon the several trust and in the same manner to all intents and purposes as the several legacies hereinbefore bequeathed to or for their respective benefit, are directed to be invested, paid, applied and disposed or provided always and I hereby declare that it shall be lawful for the trustees or trustee for the time being of this my will to apply the interest dividends and annual produce or so thereof as they he or she shall think proper of the expectant or presumptive share or respective shares of and in the said trust monies stock’s funds and securities of such of my grandchildren or other issue respectively as shall be under the age of twenty one years in or towards the maintenance and education of otherwise for the benefit of such grandchildren or other issue respectively until they shall respectively attain the age of twenty one years and then the applied residue in any of such dividends interest and annual produce shall be added to the capital of the share or respective shares whence the same shall have arise subject nevertheless to be afterwards applied in or towards the maintenance of such grandchildren or other issue respectively from whose presumptive share or respective shares the same shall have arisen if the said trustees or trustee shall think proper to apply the same and also at their his or her discretion to apply any part of the principal of the presumptive or contingent share or respective shares of such grand children or other issue in the said trust moneys stocks funds or securities before the period of the vesting of such shares respectively under the trusts aforesaid in or towards the advancement or preferment in life of such grandchildren or other issue respectively as my said trustees or trustee shall think proper and I further empower the trustees or trustee of this my will in their his or her discretion to postpone or delay the sale or conversion of any par or parts of my residuary real and personal estate hereinbefore directed to be sold and converted and I direct that in the meantime the income arising from the property so remaining unsold or unconverted shall from the period of my decease belong to and be received by the person or persons who would be entitled under the trusts hereinbefore contained to the dividends interest and annual produce of the investment which would or ought to have been made of the moneys arising from such sale and conversion of the same had been actually taken place
And I hereby further declare that all and every person and persons who shall or may pay any sum or sums of money to the trustees or trustee for the time being of this my will shall be executed from all responsibility in respect of the application thereof and that the receipt or receipts of the trustees or trustee for the time being of this my will for the purchase or other moneys rents ad profits to be received by them or him by virtue of the trusts and powers respectively hereinbefore contained shall be valid and effectual discharges to the person or persons paying the same moneys provided also and I hereby declare that the provision hereby made for my said wife shall be taken by her in bar and full satisfaction of all dower right and title of dower and all other customary estate whatsoever provided also and I further declare that it shall be lawful for the said trustees or trustee fir the time being of this my will to sell and dispose of any stocks funds or securities whereon any of my testimonies for the time being shall or may happen to be invested and to invest the money to arise from such sale or sales in any other of the stocks or funds or other government securities in England or on mortgage of real estates and vary or transfer the same as occasion shall require or as shall be though fit I give and devise to the said George Oyler and William Smith and their heirs all the real estates now vested in me as a mortgagee upon trust to stand seized thereof subject to the equity of redemption subsisting therein and upon the receipt or discharge of the moneys secured by any mortgage or mortgaged to execute such assurances of the legal estate of mortgaged hereditaments as the nature of the case may require provided.
Also and I hereby declare that in case the said George Oyler, Williams Smith and Hannah Chapman or either of them shall die in my lifetime or shall renounce the execution of the trusts hereby created or in case they or either of them or any trustee or trustees to be appointed under this present provision shall die or shall be absent From the United Kingdom for the space of six calendar months at one time or shall otherwise become unwilling or unable to act in the aforesaid trusts then and so often as the same shall happen it shall be lawful for the surviving or continuing trustee or if there be no such trustee then for the retiring or renouncing trustee then for the executors or administrators of the last deceased trustee to nominate any fit person or persons to supply the place or places of the trustee or trustees respectively so dying, residing abroad or becoming unwilling or unable to act as aforesaid and that immediately after every such appointment the said trust estate moneys and effects stocks funds or securities shall be conveyed or transferred in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or in such new trustee or trustees solely as the case may require and such new trustee or trustees shall have and be capable of exercising all the powers and authorities whatsoever hereinbefore contained in the same manner to all intents and purposes as if he or they had been appointed a trustee or trustees by this my will and I hereby declare that every trustee for the time being of this my will shall be charged and chargeable only for such money as such trustee shall actually receive by virtue of the trusts hereby in him reposed not withstanding his signing or joining in any receipt or receipts for the sale of conformity and that any one or more of the said trustees shall not be answerable or accountable for the other or other or others of them or any or either of them for the acts receipts neglect or defaults of the others or other of them nor for any involuntary loss whatsoever and that it shall be lawful for every trustee out of the monies which shall come t his respective hand by virtue of the trusts aforesaid to retain and also to allow to his or her co trustee and co trustees all costs and expenses which he she or they shall incur or expend in or about the execution of the aforesaid trusts or in relation therein to.
In witness where of I have hereunto set my hand the day and year first above written, Sam Oyler signed by the said testator Samuel Oyler in the joint presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses this third day of July one thousand eight hundred and forty (3rd July 1840).
I Samuel Oyler of Stapelhurst, in the County of Kent, Gentleman make this codicil to my last will and testament bearing date on or about the third day of July one thousand eight
Hundred and forty whereas I have in and by my said will given and bequeathed unto my brother George Oyler, my son in law William Smith and my daughter Hannah Chapman their executors Administrators and assigns the sum of two hundred pounds upon certain trusts therein declared for the benefit of my son, Thomas Petit Oyler, during life and after his decease, in case his then wife should survive him, upon trust for her during her life and after the decease of the survivor of them the said Thomas petit Oyler and his said then wife then upon trust for all and every the child and children of the said Thomas Petit Oyler who should be living at his decease and who should attain the age of twenty one years as tenants in common if more than one and their respective issue as in the said will is mentioned.
And whereas the wife of my said son, Thomas Petit Oyler, mentioned in my said will, is lately dead and I am desirous of disposing of the said sum of two hundred pounds otherwise than as in my said will is mentioned. Now I do hereby revoke the gift and bequest of the said sum of two hundred pounds to the said George Oyler, William Smith and Hannah Chapman upon the trusts contained in my said will and I do hereby give and bequeath unto The said George Oyler, William Smith and Hannah Chapman their Executors administrators and assigns the said sum of two hundred pounds upon trust to invest the same in their names in the public funds or on other government or real security in England and to stand possessed thereof and of the stocks funds or securities in or upon which the same shall be invested in trust to transfer and pan and apply the moneys, stocks, funds and securities aforesaid unto and between my two granddaughter’s Frances Matilda Oyler and Elizabeth Oyler the two daughters of my said son Thomas Petit Oyler, in equal shares and proportions when and so soon as the youngest of the said Frances Matilda Oyler and Elizabeth Oyler shall have attained her age of twenty one years for their respective sole and separate use and benefit whose receipt of receipts above shall be sufficient discharge or sufficient discharges for the same provided always and it is my will that in case the said Frances Matilda Oyler and Elizabeth Oyler or either of them should depart this life in my lifetime or should survive me and afterwards die before the said sum of two hundred pounds or the stocks funds or securities upon which the same shall be invested shall become distributable under the trust aforesaid leaving lawful issue who shall attain the age of twenty one years living at their or her respective decease then I direct that the issue of such of them so dying shall be entitled to/ if more than one equally between them/ the share or respective shares which his or their parent or respective parents would have been entitled to under the trust aforesaid in case they had respectively survived me and lived to attain a vested interest in their respective shares of the said trust moneys and premises respectively and I do so hereby direct that the provision hereby made by me for or in favour of the said Frances Matilda Oyler and Elizabeth Oyler respectively and their issue shall be subject in the meantime and until the said trust monies shall become distributable under the provisions of this my codicil to such powers for the maintenance education and advancement of the said Frances Matilda Oyler and Elizabeth Oyler and their respective issue as are contained in my said will with reference to the several legacies and bequests therein given and bequeathed. In witness whereof I have hereunto set my hand this eighteenth day of November in the year of our Lord one thousand eight hundred And forty. (18 Nov 1840)
Samuel Oyler signed by the said testator Samuel Oyler in the joint presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses this eighteenth day of November one thousand eight hundred and forty 18/11/1840 .Wm Ottway, Wm Wickings jnr, John Bates.
Definitions:
Stirpes - A line of descendants of common ancestry
Messuage - A dwelling house, with the adjacent buildings and the adjoining lands appropriated to the use of the household