Will of Mary Cheesman

of East Peckham, Kent

Whereas I am entitled to a legacy or sum of eight hundred pounds bequeathed to or in trust for me by my late Father and charges by his will on his real estates or some part thereof thereby devised to or in trust for my late brother John Cheesman deceased and which said legacy or sum of eight hundred pounds hath not been paid but remains upon the security of the same estates
And Whereas my said late brother John Cheesman also died indebted to me in two sums of fifty pounds each and for which I hold his promissory notes carrying interest
Now my will is that no claim shall after my death be made by or on the account of my estate for any interest which during my life shall have accrued and not been received by me either for or in respect of the said legacy of eight hundred pounds or of the debt or sums of fifty pounds upon or against the estate of my said late brother whether specifically charged therewith or otherwise but the same last mentioned Estate shall be considered wholly exonerated from all such interest or so much thereof as shall not have been received by me at my decease
It being nevertheless understood that no claim on the part of his estate for or in respect of any board or lodging furnished me by him on his estate since his decease and at any time during my life shall on the other hand be brought against me or my estate

And I give and bequeath unto James Larkin of East Peckham aforesaid Yeoman and William Foster of Penshurst in the said County Yeoman all that the said legacy or sum of eight hundred pounds and also the said several sums of fifty pounds and fifty pounds with the respective interest to become due thereon from and after my decease and all other my estate and effects whatsoever to hold the same unto them Upon the following trusts (that is to say)

As to six hundred pounds part thereof upon trust for my nieces (the daughters of my said deceased brother John Cheesman) to be divided among them in equal shares as tenants in common
and in case any one or more of my said nieces shall depart this life under the age of twenty one years and without having been married then my will is that the original share which under the trusts aforesaid shall belong to each of my said nieces so dying as also the share or shares of and in the same part of the said trust monies which from time to time shall be taken by the same niece respectively so dying under this provision by way of cross remainder shall go and belong to and be held in trust for the other or if more then the others of the same nieces
And in case all my said nieces shall depart this life under the age of twenty one years and without any one of their having been married then my will us that the said six hundred pounds trust monies shall go and belong to and be held upon the same trusts as are hereinafter declared concerning the remainder of the said trust monies

and as to the remainder of the said trust monies my will is that the same shall be held after the payment thereout of my debts funeral and testamentary expences In trust for my Nephews the children also of my deceased brother John Cheesman to be divided amongst them in equal shares as tenants in common
And in case either of my said nephews shall depart this life under the age of twenty one years and without leaving issue of his respective body lawfully begotten at his decease then my will is that the original share of my said nephew who shall so first die as aforesaid shall go and belong to and be held In Trust for the other of my said nephews
and in case both of my said nephews shall depart this life under the age of twenty one years and neither of them shall have issue of his body living at his decease then my will is that the same residuary trust monies shall go and belong to and be held upon the same or the like trusts as are hereinbefore declared of and concerning the said six hundred pounds trust monies or upon such and so many of them as shall not have determined
And my will is that that the respective interest of the same trust monies shall go and belong to and be held in like manner and in the like proportions and be subject to the like trusts as are hereinbefore declared concerning the principal of the same trust monies and the respective proportions thereof aforesaid

And my will is that the interest or proportion of interest which shall be coming to each child in respect of his or her share or shares shall until such share or shares shall become absolute in him or her and notwithstanding the minority for the time being of the same child be received by the trustee or trustees for the time being of this my will and be applied by him or them in or towards the maintenance education or support of the child to whom the same share or share shall belong
and my will further is that the original share of and in the same trust monies of each or any child shall or may be applied by the trustee or trustees for the time being of this my will (if he or they shall think fit and not otherwise) in placing out such child respectively as an apprentice or or other his or her advancement in the World

And that notwithstanding such child may not live to become entitled to an absolute interest therein and to be deducted and allowed accordingly when accounting for the said trust monies or any part thereof and my will is that the trustee or trustees for the time being of this my will shall or may lay out and invest the said trust monies when received or any part thereof in his or their name or names in the purchase of a share or shares in the parliamentary stocks or funds of Great Britain or at interest upon real securities in England (but not elsewhere) and shall or may during the continuance of the trusts of this my will alter vary and transpose the securities from time to time either as occasion shall require or as such trustee or trustees shall think fit so that the stocks funds and securities in or upon which the same trust monies or any part thereof shall be invested and the interest income and dividends thereof be held upon the same or the like trusts as are hereinbefore declared of and concerning the trust money which shall from time to time be so invested and the interest thereof

And I declare that the receipt or receipts of the trustee or trustees for the time being of this my will shall severally and respectively be a good and complete discharge to the person or persons paying my said trust monies or any part thereof to such trustee or trustees for so much money as in such receipt respectively shall be expressed to be or to have been received and shall exonerate the person or persons paying the same from looking to the application and from all responsibility in case of the nonapplication or misapplication thereof

And I nominate and appoint the said James Larkin and William Foster to be the executors of this my will
and I hereby declare that it shall be lawful for either of them the said James Larkin or William Foster and for either the acting trustee for the time being of this my will or the last acting trustee or the executors or administrators of the last acting trustee of this my will to nominate some person or persons to supply the place of every or any trustee or trustees for the time being of this my will who before the full performance of the trusts thereof shall depart this life or be desirous to be discharged from the same trusts or shall go to reside beyond the seas or refuse, neglect or become incapable to act in the same trusts and so from time to time as often as the same shall happen

And that immediately after every or any such appointment the trust monies or effects then vested by virtue of this my will in the trustee or trustees respectively so dying, desiring to be discharged or going to reside beyond the seas or refusing, neglecting or becoming incapable to act as aforesaid shall be transferred so as to vest in such new trustee or trustees jointly with the surviving or continuing trustee or solely as the case may require upon the trusts hereinbefore declared concerning the same or such of them as shall not have determined and that every such new trustee shall have and may exercise all or any of the powers and authorities hereinbefore contained and then undetermined as if his name had been inserted in this my will instead of the name of the trustee hereby originally appointed and to whose place such new trustee respectively shall succeed

And I also lastly declare that neither of the trustees of this my will shall be answerable for the other of them nor for the involuntary losses nor for money received under receipts in which they shall join for conformity only nor for any rise or fall in the price or value of stocks or the insufficiency or deficiency in title or value of any security or securities in or upon which the same trust monies or any part thereof shall be invested by him or them and that the same trustees shall or may reimburse themselves and each other all the costs charges and expences (including fees to Counsel) which shall be incident to the execution of this my Will or any of the trusts thereof

In Witness whereof I the said Mary Cheesman have to this my last Will and testament contained in three sheets of paper set my hand and seal (that is to say) to the first two sheets hereof my hand and to this third and last sheet my hand and seal this ____ day of January in the year of our Lord one thousand eight hundred and thirty five
Mary Cheesman

Signed sealed published and declared by the said Mary Cheesman the Testatrix as and for her last Will and testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses
Thos. Finch John Norwood

Appeared Personally Thomas Finch of East Peckham in the County of Kent Farmer and James Larkin of East Peckham in the same County Yeoman and made Oath as follows

And First the said Thomas Finch for himself made oath that he is one of the attesting Witnesses to the last Will and Testament of Mary Cheesman late of East Peckham aforesaid spinster deceased who died on or about the 4th day of December 1840 (now hereunto annexed
beginning thus: “I Mary Cheesman of East Peckham in the County of Kent Spinster” and ending thus: “In Witness whereof I the said Mary Cheesman have to this my last Will and testament contained in three sheets of paper set my hand and seal (that is to say) to the first two sheets hereof my hand and to this third and last sheet my hand and seal this ____ day of January in the year of our Lord one thousand eight hundred and thirty five” and thus Subscribed: “Mary Cheesman”
and referring to the blank left in the said Will for the date thereof the same having been omitted to be inserted at the time of execution thereof by the said deceased he lastly made oath that he is unable to remember and set forth the day of the execution of the said Will
And the said James Larkin for himself made Oath that he is one of the executors named in the said Will and that he has made search amongst the papers and repositories of the said deceased in order to discover whether she had left any other Will but has not been able to find any save the aforesaid Will and he verily believes the said deceased died without having made any other
Thos. Finch James Larkin
On the 2md July 1844 the said Thomas Finch and James Larkin were duly sworn to the truth of this Affidavit before me A. Waddilove Surr[ogate] Lionel Skipwith Not. Pub. [Notary Public]

Proved at London 8th July 1844 before the Worshipful Herbert Jenner, Doctor of Laws and Surrogate by the Oaths of James Larkin and William Foster the Executors to whom Administration was granted having been first worn duly to administer.
Exd.

Note: Mary Cheesman, who resided at East Peckham, was buried at St. Michael, East Peckham, Kent on 10th December 1840, aged 64 years.

Transcribed by Shelagh Mason 18th-19th March 2021

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