Will of Thomas Baker

of Ash-next-Sandwich, Kent

First I give and devise all my messuage or Tenement with the Garden Ground and Appurtenances thereunto belonging and therewith now used occupied and enjoyed situate lying and being in Ash Street in the Parish of Ash next Sandwich aforesaid in the said County of Kent and now in the Tenure or Occupation of Smith William Rodwell or his assigns unto my dear and beloved Wife Ann Baker and her assigns for and during the Term of her natural Life she and they keeping the same in good and tenantable Repair and doing no waste thereto

and from and after the decease of my said Wife Ann Baker I give and devise the same messuage Tenement and Premises with the Appurtenances unto my two Daughters Jane Baker, Spinster and Mary Atkins the Wife of Benjamin Atkins of Wingham in the said County of Kent Blacksmith and to their heirs and assigns for ever equally to be divided between them share and share alike as Tenants in Common and not as Joint Tenants

Also I give and bequeath unto my said beloved Wife Ann Baker the Sum of twenty Five pounds of Lawful money of Great Britain to be paid to her within Ten Days after my decease to and for her own use
Also I give and bequeath the use of all and Singular my household Furniture, Implements of household, Plate, Linen and China which at the time of my decease shall be standing or being in upon or about my then dwelling house unto my said beloved Wife Ann Baker for and during the term of her natural Life
and after her decease I give and bequeath the said household Furniture, Implements of household, Plate, Linen and China unto my said daughters Jane Baker and Mary Atkins their Executors and Administrators equally to be divided between them share and share alike

Also I give and bequeath unto my said daughter Jane Baker the Sum of Ten pounds of lawful money of Great Britain
and unto the said Benjamin Atkins and Mary his Wife the Sum of Twenty pounds of like lawful money to be paid unto them respectively within ten Days next after my decease
Also I give and bequeath unto my Brother Isaac Baker, unto my Nephew Thomas Baker his Son unto my Brother in Law Thomas Wood and unto my Brother in Law George Lancefield the sum of Five pounds apiece of like Lawful money of Great Britain for mourning to be paid unto them respectively One month next after my decease
Also I give and bequeath unto my Son in Law William Boxter [Baxter?] of the Parish of Ash aforesaid Glazier the Sum of Fifty pounds of like Lawful money of Great Britain to be paid unto him within Six Calendar Months next after my decease

Also I give and devise unto my said Nephew Thomas Baker and to his heirs and assigns for ever all that my messuage or Tenement with the Garden Ground and Appurtenances there unto belonging or there with used or enjoyed situate lying and being in the Parish of Ash next Sandwich aforesaid in the said County of Kent at or near a Certain Place there called West Marsh and now in the Tenure or Occupation of Hougham or of his assigns

Also I give devise and bequeath unto my Brother in Law William Branch of the Parish of Ospringe min the said County of Kent Yeoman and William Claringbull of the Town and Port of Sandwich in the said County Basket Maker their heirs Executors and Administrators respectively all the rest residue and remainder of my Freehold Messuages Lands Tenements Hereditaments and Real Estate whatsoever and wheresoever with their and every of their Appurtenances and also all and every my Leasehold Messuages Lands Tenements and Hereditaments with their appurtenances And also all the rest residue and remainder of all my Goods Chattles and personal Estate whatsoever and wheresoever whereof I shall die possessed (after payment of my just debts Funeral Expences the Costs of Proving this my last Will and Testament and other incident Charges)

Upon this Special Trust and Confidence Nevertheless that they the said William Branch and William Claringbull and the Survivor of them and the heirs Executors and Administrators of such Survivor shall and do with all convenient Speed after my decease sell and dispose of all my said Real Leasehold and Personal Estates and Effects hereinbefore given devised and bequeathed to them unto any person or persons who shall be willing to become purchaser or purchasers thereof and his her and their heirs Executors Admors. [Administrators] and Assigns either in full or in parcels for the best price or prices that can be reasonably had or gotten for the same and for the better advancing of such Sale or Sales

I do hereby direct and declare that the Receipt or Receipts of the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators of such Survivor under their or his hands or hand respectively shall from time to time be a sufficient discharge and sufficient discharges to the purchaser or purchasers of my said Real Leasehold and personal Estates so directed to be sold as aforesaid or any part thereof and to his her and their heirs Executors Administrators and assigns for so much of the said purchase Money for which such Receipt or Receipts shall be given
And after such receipt or receipts shall be so given such purchaser or purchasers and his her and their heirs Executors Administrators and assigns shall be absolutely acquitted and discharged of and from such purchase Money and every part thereof and they or any of them shall not afterwards be answerable or accountable for any Loss Misapplication or Nonapplication of such purchase money or any part thereof

And Upon this further Trust that they the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators of such Survivor shall and do lay out and invest all the monies which shall arise or be made by the Sale or Sales of my said Real Leasehold and Personal Estates and Effects so given to them as aforesaid in some of the Publick Stocks or Funds of this Kingdom or on good Real Securities and shall and do stand possessed thereof to for and upon the trusts uses Intents and purposes following (that is to say)

Upon Trust that they the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators of such Survivor shall and do by and out of the Interest Dividends and proceeds thereof in the First place pay unto my said beloved Wife Ann Baker and her Assigns for and during the term of her natural life One Annuity of Clear Yearly Sum of Fifty Pounds of lawful money of Great Britain free and Clear of and from all Taxes Charges and deductions whatsoever by four equal quarterly payments on the fifth Day of January the fifth day of April the fifth day of July and the fifth day of October in every year the first quarterly payment thereof to begin and be made on such of the days as shall next happen after my decease

And as to for and Concerning one full equal Moiety or half part (the whole into two equal parts to be divided) of the said Trust moneys and of the Stocks Funds and Securities in which the same shall be invested (subject and without prejudice nevertheless to the said Annuity or yearly Sum of Fifty pounds so directed to be paid to my said Wife Ann Baker as aforesaid)

Upon Trust that they the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators of such Survivor shall and do pay the Interest Dividends and proceed thereof as the same shall arise into the proper hands of my said Daughter Jane Baker or otherwise as she by any Note or Notes to be Signed with her own hand shall from time to time direct the same to be paid to and for her Sole Peculiar and Separate use and Benefit exclusive of any Husband which she may hereafter happen to marry and not to be subject or liable to the Debts Controul Forfeitures Engagements Assignments Intermeddling or inquiry of any such Husband
And the Receipt and receipts of my said daughter Jane Baker alone and without any Husband which she may hereafter chance to marry or the receipt or receipts of the Person or Persons to whom she shall direct the same to be paid shall from time to time be a sufficient Discharge and sufficient Discharges by them at Law and in Equity for the same to the said trustees their heirs Executors and Administrators, such payment to Continue and be made unto my said Daughter Jane Baker or her assigns for and during the term of her natural Life

And from and after the decease of my said Daughter Jane Baker in Case she shall hereafter happen to marry and her Husband shall survive and out live her then Upon Trust that they the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators of such Survivor shall and do pay the said Interest Dividends and proceeds of the said Moiety or half part of the said trust moneys and of which the Stocks Funds and Securities in which the same shall or may be invested (Subject and without prejudice nevertheless to the said Annuity or yearly Sum of Fifty pounds so directed to be paid unto my said Wife Ann Baker for her Life as aforesaid) unto such Husband of my said Daughter Jane Baker for and during the natural life of such Husband

And after the several deceases of my said Wife Ann Baker and my said Daughter Jane Baker and such Husband as my said daughter Jane Baker shall chance to marry and the decease of the Survivor of them
In Trust that that they the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators of such Survivor shall pay assign and transfer the said money or half part of the said Trust monies and of the Stocks Funds and Securities in which the same may be therein invested unto all and every the Child and Children of my said Daughter Jane Baker Lawfully to be begotten that shall be living at her death or shall depart this Life before her bearing issue equally to be divided between them (if more than one) share and share alike
and if there shall be but one such Child or all such Children but One shall happen to die in the Life time of my said Daughter Jane Baker without Issue then unto such only Child The parts and shares of such Child or Children to be paid assigned or transferred to them respectively on them respectively attaining the Age of twenty One Years and to the Executors or Administrators of such of them as shall happen to depart this Life under the Age of twenty One Years leaving Issue equally share and share alike but the Executors or Administrators of any such Child so dying and leaving Issue shall not leave or take any greater share or proportion of the said trust moneys or of the dividends Interest or proceed thereof than such of the Children of my said Daughter Jane Baker would by Virtue of this my Will have been intitled to have or take of he she or they was or were then living And of the several Ages of twenty One Years and in Case of the death of any such Child or Children under the Age of twenty One years and without Issue then the share or shares of him her or them so dying shall go to the Survivors or Survivor of therein share and share alike

And it is my Will and mind and I do hereby declare that it shall and may be Lawful to and for the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators at any time or times from and after the Several Deceases of the said Jane Baker and of any Husband whom she may hereafter happen to marry to pay and apply the Interest Dividends and Proceeds of the said moiety or half part of the sd. [said] trust moneys or such part of the Principal thereof as they shall think proper (subject and without prejudice nevertheless to the said Annuity of yearly Sum of Fifty pounds so directed to be paid unto my said Wife Ann Baker for her Life as aforesaid for the Benefit and advantage of all and every or any of such Child and Children of my said Daughter Jane Baker for his her and their advancement or preferment in the World in such way and manner as they shall think most beneficial for such Child or Children until they shall Severally attain the Age of twenty One years they the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators paying or applying to or for the Benefit of each respective Child no greater or larger Sum than his her or their proportionable share of the said Trust monies and the Interest and dividends thereof which he she or they would by Virtue of this my Will be intitled to have or be paid as hereinbefore mentioned

But in Case my said Daughter Jane Baker shall have no Issue of her Body lawfully begotten or having such if all of them shall die under the age of twenty One years without having Issue then In Trust that they the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators of such Survivor shall stand and be possessed of the said Moiety of half part of the said Trust moneys and of the Stocks Funds and Securities in which the same shall be invested In Trust for such person or persons (except my said Wife Ann Baker) as by the Laws and Statutes of this Realm would be intitled to the same as my next of kin in Case I had died intestate And I give and bequeath the same and order and direct the payment and Transfer thereof to him her or them accordingly

And as to for and Concerning the other or remaining one full equal moiety or half part (the whole into two equal parts to be divided) of the said trust Moneys and of the Stocks Funds and Securities in which the same shall be invested (subject and without prejudice nevertheless to the said Annuity or yearly Sum of Fifty pounds so directed to be paid unto my said Wife Ann Baker for her life as aforesaid)

Upon Trust that they the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators of such Survivor shall and do pay the Interest Dividends and proceeds thereof unto the proper hands of my said Daughter Mary Atkins or otherwise as she by any Note or Notes to be Signed with her own hand shall from time to time direct the same to be paid to and for her own Sole peculiar and separate use and Benefit exclusive of her present or any after taken husband and not to be subject or liable Debts Controul Forfeitures Engagements Assignments Intermeddling or inquiry of her present or any after taken Husband
And the Receipt and receipts of my said daughter Mary Atkins alone and without present or any after taken husband and notwithstanding her present or future Coverture or the receipt or receipts of the Person or Persons to whom she shall direct the same to be paid shall from time to time be a sufficient Discharge and sufficient Discharges by them at Law and in Equity for the same to my said trustees their heirs Executors and Administrators, such payment to Continue and be made unto my said Daughter Mary Atkins or her assigns for and during the term of her natural Life

And from and after the decease of my said Daughter Mary Atkins in Case the said Benjamin Atkins her husband shall Survive her the Upon Trust that they the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Administrators of such Survivor shall and do pay the said Interest Dividends and proceed of the said last mentioned Moiety or half part of the said Trust Monies and of the Stocks Funds and Securities in which the same shall or may be invested (subject and without prejudice nevertheless to the said Annuity or yearly Sum of Fifty pounds so directed to be paid unto my said Wife Ann Baker for her life as aforesaid) Unto the said Benjamin Atkins and his Assigns for and during the term of his natural life

and from and after the several deceases of my said Wife Ann Baker and of the said Benjamin Atkins and Mary his Wife and the decease of the Survivor of them In Trust that they the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Admors. of such Survivor shall pay assign and transfer the said last mentioned Moiety or half part of the said Trust Monies and of the Stocks Funds and Securities in which the same shall or may be invested unto all and every the Child and Children of my said Daughter Mary Atkins lawfully begotten and to be begotten that shall be living at her death or that shall depart this life before her leaving Issue equally to be divided between them (if more than one) share and share alike
And if there shall be but one such Child or all such Children but one shall happen to die in the Life time of my said Daughter Mary Atkins without Issue then unto such only Child the parts and shares of such Child or Children to be paid assigned and transferred to them respectively on their respectively attaining the Age of twenty one years and to the Executors or Administrators of such of them as shall happen to depart this Life under the Age of twenty One years leaving Issue in equal proportions share and share alike

But the Executors and Admors. of any such Child so dying and leaving Issue shall not have or take any greater Share or proportion of the said trust monies or of the dividends interest or proceed thereof than such of the Children of my said Daughter Mary Atkins would by Virtue of this my Will be intitled to have or take if he she or they was or were then living and of the several Ages of twenty One years And in Case of the death of any such Child or Children under the Age of twenty One years and without Issue then the share or shares of him her or them so dying shall go to the Survivors or Survivor of them share and share alike

And it is my Will and mind and I do hereby declare that it shall and may be lawful to and for the said William Branch and William Claringbull or the Survivor of them or the heirs Executors and Admors. at the time or times and after the decease of the Survivor of them and the said Benjamin Atkins and Mary his Wife to pay and apply the Interest and Dividends of the said last mentioned moiety or half part of the said Trust moneys together with such Part of the Principal thereof as they shall think proper (subject and without prejudice nevertheless to the said Annuity or yearly Sum of Fifty pounds so directed to be paid unto my said Wife Ann Baker for her life as aforesaid) for the Benefit and advantage of all and every or any of such Children of my said Daughter Mary Atkins for his her and their preferment and advancement in the World in such way and manner as they shall think most beneficial for such Child or Children until they shall severally attain the age of twenty One years

They the said William Branch and William Claringbull their heirs Executors and Administrators paying or applying to or for the Benefit of each respective Child no greater or larger Sum than the proportionable Share of the said trust moneys and the Interest and Dividends thereof which he she or they would by Virtue of this my Will be intitled to have or be paid as hereinbefore mentioned But in Case my said Daughter Mary Atkins shall have no Issue of her Body lawfully begotten or leaving such if all of them shall die under the Age of twenty One years without lawful Issue

Then In Trust that they the said William Branch and William Claringbull or the Survivor of them and the heirs Executors and Administrators of such Survivor shall stand and be possessed of the said last mentioned moiety or half part of the said Trust moneys and of the Stocks Funds and Securities in which the same shall be then invested In Trust for such person or persons (except my said Wife Ann Baker) as by the Law and Statutes of this Realm would be intitled to the same as my next of Kin in Case I had died Intestate And I give and bequeath the same and order and direct the payment and Transfer thereof to him her or them accordingly

And I do hereby revoke and make void all former Wills and Testaments by me at any time heretofore made and of this my last Will and Testament do make constitute and appoint the said William Branch and William Claringbull Executors to whom I give and bequeath the Sum of Ten Pounds apiece of lawful money of Great Britain for the trouble they may have in the Execution hereof

And Lastly I do hereby declare that it shall and may be lawful to and for the said William Branch and William Claringbull their heirs Executors and Administrators respectively by and out of any moneys which may come to their respective hands by Virtue of the trusts hereby in them reposed to reimburse himself and them respectively all such Cost Charges Damages and Expences as they or any of them shall be at expend or be put unto in the Execution of the several trusts aforesaid
And that they or any of them shall not be answerable or accountable for any more moneys or other things than shall come to their respective hands nor with or for any Loss or Loses that shall or may happen without their wilful Default nor the one of them for the other of them or for the heirs Executors or Administrators of the other of them but each of them only for his and their own separate Acts Receipts Neglects and Defaults

In Witness whereof I the said Thomas Baker the Testator have to the first Five Sheets of this my last Will and Testament (Contained in Six Sheets of Paper) set my hand and to the Sixth and Last Sheet thereof have set and affixed my hand and Seal dated the day and year First above written
Thos. Baker

Signed Sealed Published and Declared by the said Thomas Baker the Testator as and for his Last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses
Thos. Bundock - David Taylor - Jo: Solly

On the thirty First day of January in the year of our Lord One thousand Eight hundred and One administration with the will annexed of all and singular the Goods Chattles and Credits of Thomas Baker late of the Parish of Ash next Sandwich in the County of Kent deceased was granted to Jane Belsey otherwise Belsy Formerly Baker Widow and Mary Adkins otherwise Atkins, Wife of Benjamin Adkins otherwise Atkins the natural and lawful Daughters and Residuary Legatees for life named in the said Will having been first sworn by Commission duly to Admr.
William Branch one of the Executors dying in the life time and William Claringbull the other Executor survived the said deceased but died without having taken upon him the Execution thereof. Exd.

On the eighteenth day of March 1818 Admon. (with the Will Annexed) of the Goods Chattels and Credits of Thomas Baker late of the Parish of Ash next Sandwich in the County of Kent dec’d left unadr. [unadministered] by Jane Fisk (formerly Belsey othr [otherwise] Belsy theretofore Baker) Widow and Mary Adkins othr Atkins (Wife of Benjamin Adkins othr Atkins) both since dec’d whilst living the Daughters and Residuary Legatees named in the said Will was granted to Thomas Adkins othr Atkins and Benjamin Adkins othr Atkins the Younger two of the Children of the said Mary Adkins othr Atkins and as such two of the Residuary Legtees (as to one Moiety) substituted in the sd. Will having been first sworn by Comon [Commission] duly to admr.
William Branch one of the Exors. and one of the other Residuary Legatees In Trust dying in the life time of the Testator and William Claringbull the other Exor. and other residuary Legatee In Trust survived the sd. Testator but died without proving the said Will
& Benjamin Adkins othr Atkins the Residuary Legatee for life (as to the aforesd. Moiety) substituted having first renounced the Letters of Admon. (with the sd. Will annexed).

Transcribed by Shelagh Mason 14th - 15th September 2020

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