Will of William Betts

of Leeds, Kent

First I nominate constitute and appoint my son in law William Farmer of Leeds aforesaid Farmer and my son William Betts Executors of this my Will and I direct them to pay and satisfy all my just debts funeral expences the costs of proving this my will and incidental charges and expences with all convenient speed after my decease

And I give and bequeath unto my dear wife Celia Betts for her life All my plate and also so much and such part and parts of my household furniture linen and china as she shall select and make choice of and as she shall think sufficient to furnish two rooms comfortably for her own use

And from and after her decease I give and bequeath the same household furniture linen and china unto my daughter Mary Anne Farmer the wife of the said William Farmer absolutely
And I give and bequeath the said plate unto and equally between my said daughter Mary Anne Farmer my daughter Celia Maylan the wife of Clark Maylan the younger of the Parish of Pluckley and my said son the said William Betts equally

And I hereby direct my said executors and the survivor of them his or her executors or administrators to make an Inventory of all such furniture, plate, linen and china so to be taken as aforesaid which inventory shall be signed by my said wife and my said executors and one copy of the same be delivered to my said Wife and one other copy thereof to be retained by my said executors

I give and bequeath to my said son in law William Farmer and my said son William Betts their executors administrators or assigns the capital of one thousand pounds stock three per cent consolidated Bank annuities standing in my name in the books of the Governor and Company of the Bank of England Upon Trust that they the said William Farmer and William Betts and the survivor of them and the executors administrators or assigns of such survivor do and shall pay and apply the annual dividends thereof when and as the same shall become due unto and to the use of my said wife in such manner as they or he shall think proper for the term of her natural life (subject nevertheless to the proviso hereinafter contained)
and from and after her decease Upon Trust to pay assign and transfer the said one thousand pounds three per cent consolidated Bank annuities unto and equally between my said daughter Mary Anne Farmer my said daughter Celia Maylan and my said son William Betts share and share alike as tenants in common and not as joint tenants and to their several and respective executors administrators and assigns absolutely

Provided always and I do hereby expressly declare that in case my said wife shall at any time after my decease claim sue for or recover against my estate and effects any money stock or property belonging to her in her own right under or by virtue of the will of her late father Thomas Shrubsole deceased and which has been is now or shall be in my possession as the surviving trustee of the said will or otherwise then and in any such and immediately upon my said wife so claiming sueing (sic) for or recovering any such money stock or property the interest of my said wife hereinbefore given in trust for her life of and in the dividends of the said capital of one thousand pounds three per cent consolidated Bank annuities shall absolutely cease and the said capital of one thousand pounds three per cent consolidated Bank annuities and all dividends thereof then or thereafter to become due shall be vested in possession and be actually divided between my said daughters and son in manner aforesaid as of my said wife were deceased

And as to all the Rest Residue and Remainder of my estate and effects whatsoever and wheresoever both real and personal (except what is hereinbefore otherwise by me given and bequeathed) I give devise and bequeath the same and every part thereof and all my estate right title and interest therein unto and equally between my said daughter Mary Anne Farmer my said daughter Celia Maylan and my said son William Betts share and share alike as tenants in common and not as joint tenants and to their several and respective executors administrators and assigns absolutely

Provided always and I do hereby declare that in case either of them my said son or sons in law shall be desirous of taking the farming business wherein I am now engaged and the stock crops and effects thereof at a fair valuation then it is my wish that such one of them shall and may take the same at a fair valuation and shall pay the amount of such valuation to my said executors as part of the residue of my personal estate within three months next after my decease and immediately thereupon a division of the whole of the residue of my estate and effects hereinbefore given and devised shall be made

But in case neither of them my said son or sons in law shall take and pay for my business and the stock crops and effects thereof within three months as aforesaid then then it shall be lawful for my said executors if they think fit immediately or so soon a conveniently may be thereafter to part with my said business and the stock crops and effects thereof to any other person or persons and in case no person shall take and pay for the same then it shall be lawful for my said executors to carry on my said farming business so long as they shall think proper and to employ at the risk thereof such part of my personal estate as shall be necessary for carrying on the same out

Nevertheless in such last mentioned case I do hereby direct my said executors within six months after my decease to make a division of all such parts of the residue of my said estate and effects as shall not consist of stock crops and effects and as shall not be wanted for carrying on my business as aforesaid and of all such crops stock and effects as soon as the same are sold and disposed of

I give devise and bequeath all estates vested in me upon trust or by way of mortgage subject to the equities affecting the same unto and to the use of my said son in law William Farmer and my said son William Betts their executors and administrators

Provided further and I do hereby declare that the said trustees and executors William Farmer and William Betts or either of them or their heirs executors administrators or assigns of either of them shall not be answerable or accountable any otherwise than each person for his and her own actual receipts neglects acts and wilful defaults and that they and each of them shall and may defray and reimburse themselves himself or herself and each other all such reasonable costs and expences as they or each of them shall or may incur in and about the execution of the trust of this my will

And I further declare that in case my said trustees or either of them or any future trustee shall die or be desirous of being discharged from or become incapable of acting in the trusts of this my will before the same shall be fully performed that in every such case it shall be lawful for the surviving or continuing trustees or trustee or the executors or administrators of the survivor by any writing under their his or her hands and seals or hand and seal legally executed to appoint any other fit person to be a trustee or trustees in the place of the trustee or trustees so dying or desirous to be discharged or becoming incapable of acting in the said trusts and thereupon such acts shall be done as that my said trust estate may become vested in such new trustees and the surviving or continuing trustee or trustees jointly or in such new trustee only upon the trust and to and for the intents and purposes hereinbefore declared concerning the same

And I hereby revoke all former wills and codicils by me at any time heretofore made and do declare this only to be my last will and testament
In Witness whereof I have hereunto set my hand and I have also set my hand to each of the three preceding sheets of this my will this thirtieth day of June in the year of our Lord one thousand eight hundred and forty five
Willm. Betts

Signed by the said testator as his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses
William Beale Solr. Maidstone - Thos. Pearce his Clerk

Proved at London 7th January 1846 before the Judge by the Oaths of William Farmer and William Betts the son the executors to whom Admon. was granted having been sworn by Comon [Commission] duly to administer.

Transcribed by Shelagh Mason 17th September 2020

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