Will of Elizabeth Ashington

of Deptford, Kent

And I give to my Executors hereinafter named and appointed their Executors and Administrators the Capital Stock or sum of one thousand pounds of three per cent consolidated annuities at the Bank of England nevertheless upon the trusts following (that is to say)
Upon trust to receive and pay the dividends and interest thereof unto my eldest daughter Elizabeth Granger Wife of Captain Robert Granger for her life and upon her decease upon trust to assign and transfer the said Capital Stock or sum of one thousand pounds of three per cent consolidated annuities unto such of the Child or Children of her my said daughter by the said Captain Robert Granger her said Husband as shall be living at the decease of her my said daughter and who shall then be of or shall afterwards live to attain the age of twenty one years equally to be divided between them share and share alike if more than one and if only one then the whole thereof to such only one absolutely
And I direct that the dividends and interest thereof may in the meantime be paid laid out and applied in for or towards their his or her support maintenance education and cloathing and in proportion to their his and her apparent or presumptive parts and shares therein

I also give to my Son Robert Brush Ashington the Capital Stock or sum of five hundred pounds of like three per cent consolidated Bank annuities and which I direct may be transferred to him as soon as conveniently can be after my decease for his absolute use

I also give to my said Executors hereinafter named and appointed their Executors and administrators the Capital stock or Sum of seven hundred pounds of like three per cent consolidated Bank annuities nevertheless upon the trusts following (that is to say)
Upon Trust to permit and suffer my said Son the said Robert Brush Ashington to receive the dividends and interest thereof for his life for his absolute use and upon his decease upon trust to assign and transfer the said last mentioned capital stock or sum of seven hundred pounds of three per cent consolidated Bank annuities unto such of the lawful child and children (if any) of him my said Son as shall be living at his decease and who shall then be of or shall afterwards live to attain the age of twenty one years equally to be divided between them share and share alike if more than one and if only one then the whole thereof to such only one absolutely

And I direct that in the meantime the dividends and interest thereof may be paid laid out and applied in for or towards their his and her support maintenance education and cloathing and in proportion to their his and her apparent or presumptive parts and shares therein but in case my said Son shall not leave a lawful child surviving him or in case he shall leave a lawful child or children surviving and all of them shall die under the said age of twenty one years then Upon trust to assign and transfer the said last mentioned capital stock or sum of seven hundred pounds of three per cent consolidated Bank annuities and all interest then due thereon unto and equally between my said daughter the said Elizabeth Granger and my daughter Isabella Ashington share and share alike for their respective absolute use

I also give to my said Executors hereinafter named and appointed their Executors and administrators the Capital stock or Sum of five hundred pounds of like three per cent consolidated Bank annuities nevertheless upon the trusts following (that is to say)
Upon trust to pay the dividends and interest thereof to my Niece Sarah Ann Butler the only daughter of my youngest Brother Thomas Butler for her life
and upon the decease of my said Niece Upon trust to assign and transfer the said last mentioned Capital stock or Sum of five hundred pounds of three per cent consolidated Bank annuities unto such of the lawful child and children (if any) of her my said Niece as shall be living at her decease and who shall then be of or shall afterwards live to attain the age of twenty one years equally to be divided between them share and share alike if more than one and if only one then the whole thereof to such only one absolutely and shall and do in the meantime pay lay out and apply the dividends and interest thereof in for or towards their his and her support maintenance education and cloathing and in proportion to their his and her apparent or presumptive parts and shares therein

But in case my said Niece shall not leave a lawful child surviving her or in case she shall leave a lawful child or children her surviving and all of them shall die under the said age of twenty one years then Upon trust to assign and transfer the said last mentioned Capital stock or Sum of five hundred pounds of three per cent consolidated Bank annuities and all interest then due thereon unto and equally between my said Son the said Robert Brush Ashington and my said two daughters the said Elizabeth Granger and Isabella Ashington share and share alike for their respective absolute use

I also give to my two Nieces Ann Butler and Mary Butler the two daughters of my late Brother John Butler deceased the sum of one hundred pounds Sterling each to be paid to them respectively as soon as conveniently can be after my decease for their respective absolute use

And as to all the rest and remainder of my monies in the public Stocks or funds of this Kingdom or at interest and likewise as to all my household goods and furniture plate linen and china and also as to all the residue and remainder of my Goods Chattels debts credits Estate and Effects whatsoever and wheresoever situate which I shall die possessed of and not hereinbefore by me disposed of I give and bequeath the same respectively and all my term estate and interest therein and thereto with their appurtenances unto my said daughter the said Isabella Ashington her executors administrators and assigns for her and their absolute use and benefit for ever

And I do hereby nominate constitute and appoint my said daughter the said Isabell Ashington and my much esteemed friend Allin Foord Price of Prospect Place, Lower Road, Deptford in the County of Kent aforesaid Surgeon Executrix and Executor of this my Will

and my Will is and I do direct that upon the decease of my said Executrix and Executor or either of them or of any trustee or trustees to be appointed by virtue of this authority or upon her or his refusing or declining or becoming incapable to act in the trusts aforesaid a new Trustee or Trustees shall be appointed in his or her place and stead or places or steads by the surviving or continuing Executor or Trustee his Executors or administrators and thereupon the trust Stocks and premises shall be assigned and transferred to and vested in the surviving or continuing Trustee and the newly appointed Trustees jointly and in case there shall be no surviving or continuing Trustee then in such newly appointed trustees solely upon and for the several trusts ends intents and purposes and under and subject to the powers provisoes and directions therein contained concerning the same or such of them as shall be then subsisting and capable of taking effect and that every new trustee may act therein as if he has been herein by me appointed

And my Will is and I do direct that my said Executors and Trustees for the time being shall be answerable only each of them for so much money property estate and effects as shall come to their hands by virtue hereof and that one of them shall not be answerable for the other of them (the joining in receipts for conformity notwithstanding) but each of them for her and his own acts deeds neglects and defaults and that it shall be lawful for them and each of them to retain and reimburse themselves respectively and allow to the other of them all such loss costs charges damages and expences which they or either of them may bear pay sustain or be put unto in or about the execution of this my Will or the trusts thereof

And Lastly I do hereby revoke annul and make void all former Wills Codicils and Testamentary dispositions by me made and do publish and declare this only to be my last Will and Testament

In Witness whereof I the said Elizabeth Ashington the testatrix have to this my last Will and Testament contained in four sheets of paper affixed together with my seal set my hand and seal to wit my hand at the bottom of each of the three first sheets thereof and my hand and seal to this the fourth and last sheet thereof this second day of November in the year of our Lord one thousand eight hundred and thirty six
Elizabeth Ashington

Signed Sealed Published and declared by the said Elizabeth Ashington the Testatrix as and for her last Will and Testament in the presence of us
Alexander Allan 12 Caroline Square, Margate, Kent - James Parr, 2 Bridge Terrace, Margate, Kent

Proved at London 18th January 1849 before the Worshipful William Robinson Doctor of Laws and Surrogate by the Oath of Isabella Ashington Spinster the daughter and Allin Foord Price the Executors to whom Admon. was granted having been first sworn duly to administer.

Transcribed by Shelagh Mason 15th-16th August 2020

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