Will of Henry Bishop

of Margate, Kent

First I give devise and bequeath All my freehold Messuages, Lands, Tenements, Brewhouse Buildings, Hereditaments and other my real Estate and also my leasehold Estates whatsoever and wheresoever together with all the fixtures in and about the same Estates respectively unto and to the use of my friends George Henry Hoffman the Younger of Margate aforesaid Surgeon and John Woodward of Margate aforesaid Carpenter their heirs executors, administrators and assigns according to the different natures and qualities of the same Estates respectively

Upon Trust that they my said Trustees and the Survivor of them and the heirs executors administrators and assigns of such Survivor shall and do permit and suffer my dear Wife Eliza Bishop and her assigns to receive and take the rents issues and profits of my said freehold and leasehold Estates during the term of her natural life, she my said Wife maintaining and keeping the said Messuages and Buildings in sufficient tenantable repair and insured in a competent sum from loss or damage by fire

And from and after the decease of my said Wife Upon Trust to convey, assign or otherwise assure all my said Messuages, Lands, Tenements, Brewhouse, Buildings, Hereditaments and Premises with the appurtenances unto and equally between all and every of my Children as well male as female who shall live to attain the age of Twenty one Years share and share alike as Tenants in common and not as joint Tenants And if but one then to such only Child their his or her heirs executors administrators and assigns for ever according to the different natures and qualities of the same Estates respectively the rents and profits of their respective shares thereof to be in the meantime applied in or towards their respective maintenance and education or otherwise to accumulate for their respective benefit at the discretion of my said Trustees

Provided always and I do hereby declare my Will to be and do hereby direct that in case it shall be necessary for the discharge of my debs or the bequests given by this my Will or it shall appear otherwise desirable to sell and dispose of my said freehold and leasehold Estates or any part or parts thereof then notwithstanding any of the trusts hereinbefore contained it shall and may be lawful to and for the said George Henry Hoffman the Younger and John Woodward and the Survivor of them and the heirs executors administrators and assigns of such Survivor at any time or times with the consent and approbation of my said Wife during her life (testified in writing under her hand)

And after her decease at their or his discretion during the minority of any of my said children by public sale or private contract or partly by public sale and partly by private contract to sell convey and absolutely dispose of and join in selling conveying and disposing or my said freehold and leasehold Estate Hereditaments and Premises or any part or parts thereof to any person or persons for the most money or best price or prices that can be reasonably had or gotten for the same

And for facilitating such sale or sales I do hereby desire my Will to be and do hereby direct that the receipt and receipts of my said Trustees and the Survivor of them and the heirs executors administrators and assigns of such Survivor shall be a sufficient discharge or sufficient discharges to any purchaser or purchasers of the said Hereditaments and Premises for so much money as in such receipt or receipts shall be expressed or acknowledged to be received

And that after such receipt or receipts shall be so given such purchaser or purchasers his her or their executors administrators or assigns shall not be answerable or accountable for the loss misapplication or nonapplication of such purchase money or any part thereof or be liable to see to the application thereof nor shall such purchaser or purchasers be required to see to or ascertain if the necessity for any such sale or sales had arisen
And my Will further is and I do hereby further declare and direct that they the said George Henry Hoffman the Younger and John Woodward and the Survivor of them and the heirs executors administrators and assigns of such Survivor shall stand possessed of the Monies to be received from the sale of my said freehold and leasehold Estates in case the same shall be sold during the life of my said Wife

Upon trust to lay out and invest the same after deducting the expences of such sales and paying off such incumbrances (sic) as may affect the same Estates respectively in their or his own names or name in or upon some of the public Stocks or Funds of this Kingdom or upon good real Securities at Interest with full power to alter vary and transpose the same from time to time as occasion shall require And I give and bequeath the interest dividends and annual produce of all such funds and securities as the same shall become due and be received unto my said Wife during her life

And after her decease I will and direct that my said Trustees and the Survivor of them and the heirs executors administrators of such Survivor shall stand possessed of such funds and securities In trust to pay or assign the principal of such funds and securities unto and equally between such of my Children as would have been entitled to the Hereditaments and Premises from the sale whereof the Monies invested upon such Funds or Securities may have been produced at the same period and in the same and the like shares and proportions as such Children would have been entitled to the said Hereditaments and Premises under or by virtue of this my Will in case such sale or sales had never been made or taken place

Provided also and I further hereby declare and direct that my said Trustees and the Survivor of them and the heirs executors administrators of such Survivor shall and may from time to time with the consent of my said Wife during her lifetime And after her decease during the minority of any of my said Children at their or his discretion but with the consent of such of my Children as shall then have attained the age of Twenty one years (such consent of my said Wife and Children respectively to be testified in writing under her his or their hands and seals or hand and seal) by Indenture or Indentures duly executed to demise lease or grant all or any part of my said freehold and leasehold Estates to any person or persons for any term or number of years not exceeding Twenty one years to take effect in possession and not in reversion so as there be reserved upon every such Lease the best and most improved rent that could reasonably be had or gotten for the same without taking any fine premium or foregift for thereof and so as there be contained in every such Lease a condition of re-entry on nonpayment of the rent to be thereby reserved and so as the lessees respectively be not made dispunishable of waste and do respectively execute counterparts of such Leases

I give and bequeath to the said George Henry Hoffman the Younger and John Woodward the Sum of Ten Pounds apiece of lawful Money of Great Britain as an acknowledgement for the trouble they may respectively have in the trusts and execution of this my Will to be retained by them respectively out of the first monies which shall come to their respective hands by virtue of this my Will

I give and bequeath all my household furniture and implements of household, plate, linen, china and other household effects together with the Sum of Fifty Pounds of lawful money aforesaid unto my said dear Wife for her own absolute use and benefit

And as for all other my Monies Securities for money, effects, goods, chattels and personal Estate whatsoever and wheresoever (after and subject to the payment thereout of all my just debts and funeral and testamentary charges and expences) I give and bequeath the use and enjoyment but not the power to disposal thereof unto my said dear Wife and her assigns for and during the term of her natural life And after her decease I give and bequeath the same and every part thereof unto and equally between such of my said Children who shall live to attain the age of Twenty one years and to their respective executors and administrators for their own respective absolute use and benefit

And I do nominate and appoint my said dear Wife and the said George Henry Hoffman the Younger and John Woodward Executrix and Executors of this my Will
And my Will is and I do hereby direct that my said Trustees and Executors respectively and their respective heirs executors and administrators shall not be answerable or accountable for any more monies than they shall actually receive their joining on receipts for conformity notwithstanding nor with or for any loss which shall happen of the said trust monies so as such loss happens without their respective wilful neglect or default nor one for the other of them but each for himself and his own heirs, executors and administrators, acts, deeds and defaults only

And that they my said Trustees and Executors respectively and their respective heirs, executors and administrators may deduct retain to and reimburse themselves and also may reimburse their respective Trustee and Executors all such costs, charge, damages and expences as they may respectively suffer, sustain, expend or be put unto in or about the trusts and execution of this my Will or by virtue thereunto
And lastly I do hereby revoke all former Wills by me made

In Witness whereof I the said Henry Bishop the Testator have to each of the first three of these four sheets of paper (which thereunto contains my Will) set my hand and to this fourth and last Sheet thereof my hand and seal this thirtieth day of December in the Year of our Lord One thousand eight hundred and thirty seven
Henry Bishop

Signed and sealed by the said Henry Bishop the Testator and by him published and declared 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 hereunto subscribe our names as Witnesses
Wm. Brooke; W.J. (or S.) Willett; Saml. Poinson

The before registered Will of Henry Bishop deceased was proved the fourth day of June 1852 before the Reverend John Pechy Francis, Clerk, Surrogate of the Worshipful Travers Twiss, Doctor of Laws, Official General to the Reverend the Archdeacon of Canterbury lawfully constituted by the Oaths of George Henry Hoffman the Younger and John Woodward two of the Executors named in the said Will They being first sworn duly to perform the same
Power reserved of making the like grant to Eliza Bishop Widow Relict of the deceased the other Executor when she shall apply for the same

Transcribed by Shelagh Mason 30th May 2021

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