Will of Mary Cook

of Dover, Kent

I give unto my two daughters Elizabeth Forster and Jane Moreland Cook all my Wearing Apparel of every description to be equally divided between them

Also I give unto my Grandson William Cook the natural Son of my said daughter Elizabeth Forster my Bestead, Bed, Bolster and Pillows now used by him and also three Blankets and two pair of Sheets with his Initials respectively marked thereon

Also I give and bequeath all my Personal Estate and Effects of what nature or Kind soever unto James Pilcher Wanson? in the Parish of Saint Margarets at Cliffe in the said County Tanner and Stephen Chalk of Dover aforesaid Gentleman their Executors Administrators and Assigns respectively

Upon Trust that the said Trustees and the Survivor of them his Executors Administrators and Assigns do and shall with all convenient speed after my decease sell call in and convert into money such part of my said Personal Estate and Effects as shall not consist of Money and do and shall stand possessed of such part or my personal Estate as shall consist of Money and of the Monies to arise from the sale of my personal Estate and Effects

Upon Trust with and out of the said Monies to pay and discharge all my just Debts funeral and testamentary Expences and such Legacies as I may hereafter give by my Codicil hereto and to invest the residue of the said Monies in their or his Names in the Parliamentary Funds of Great Britain or Government or Real Securities in England and from time to time change such Investment for or unto other Funds and securities of the same or like nature at their or his discretion

And I hereby declare that the said Trustees their Executors Administrators and Assigns shall stand possessed of my said personal Estate hereinbefore bequeathed to them and the Funds and Securities in which the same shall be invested Upon Trust whilst my said Grandson the said William Cook shall be under the age of twenty one years to pay and apply the annual Income of the said trust monies Funds and Securities at such times and in such manner as my said Trustees shall in their or his discretion think proper for and towards his support and maintenance and immediacy on my said Grandson�s attaining his said age of twenty one Years Upon Trust to pay and divide into four parts of the said Trust Monies unto and among the said Elizabeth Forster Jane Moreland Cook and William Cook and the respective Executors Administrators and Assigns in equal shares

And as to the remaining one fourth part of the said Trust Monies I hereby direct that the said Trustees their Executors Administrators and Assigns shall invest the same in their or his Names in the Parliamentary Funds of Great Britain or real securities and from time to time change such Investment for or into other Funds and securities of the same or a like manner at their or his discretion and so and shall stand possessed of the last mentioned Trust Fund
In Trust for all and every the Children and Child of my Son James Wood Cook who being a Son or Sons shall attain the age of twenty one Years or being a Daughter or Daughters shall attain that age or marry and their respective Executors Administrators and Assigns and be divided between or among them if more than one in equal shares and if there shall be but one such child Then the whole In Trust for such one Child his or her Executors Administrators and Assigns

And I hereby direct and declare that the said last mentioned Trust Fund shall not be divisible among the Children of my said Son till after his decease and that all his Children who being Sons shall attain the Age of twenty one Years or being Daughters shall attain that age or marry shall participate in such Fund and that during the Life of my said Son such of his Children as shall have attained a vested interest in the same Fund and their respective Executors Administrators and Assigns shall from time to time be intitled to receive the annual Income of their respective Shares according to the number of Children for the time being

Provided always and I hereby direct and declare that it shall be lawful for the said Trustees and the Survivor of them and the Executors Administrators and Assigns of such Survivor to raise and apply for or towards the advancement or establishment in the World otherwise for the benefit of the Children of my said son, any part of his her or their then vested or immediate presumptive share of and in the said Trust Funds and securities hereby provided for such Children respectively

And also to pay and apply all or any part of the annual Income of the shares to which any of such Children shall for the time being be immediately presumptively entitled in the same Trust Monies Funds and Securities respectively for or towards the Maintenance and Education of such Children respectively and that although the Father of such Children shall be then living, if in the Judgment of the said Trustees or Trustee he shall be unable properly to maintain and educate them, of which ability I hereby declare it shall be competent to the said Trustees and Trustee of their and his own authority to decide without the sanction or order of any court of Equity and without being in any manner accountable for their or his determination therein

And that the said Trustees or Trustee shall invest the residue of such annual Income or the whole thereof if not part thereof shall be wanted for the purposes aforesaid in their or his Name in such Funds and Securities as are hereinbefore mentioned and accumulate the same therein in the way of compound Interest and shall at their or his discretion change such investment as shall be thought expedient and that such accumulated Funds shall respectively belong to and be In Trust for the Person or Persons who shall become absolutely Intitled to the respective Trust Funds from the annual Income whereof the same shall have respectively proceeded

And I appoint the said James Pilcher and Stephen Chalk Executors of this my Will And I hereby declare that the receipt of the Trustees or Trustee for the time being acting in the Execution of the Trusts of this my Will for any Money raisable (sic) or payable to them or him in the exercise and execution of the Powers and Trusts herein contained or any of them or otherwise by virtue of this my Will shall effectually discharge the person or persons respectively paying the same from the Money which shall therein be respectively acknowledged to be received and from all liability for any loss or misapplication thereof and from all obligations of previous uncertainty whether the money is wanted for any of the purposes mentioned in this my Will

And I hereby Authorise and empower my Executors to pay any Debts owing by me or claimed from my upon any evidence that shall think proper and to accept any Security real or personal for any Debt or Debts owing to me and also to compound for the same and to allow such time for the payment thereof as to them or him shall appear reasonable

Provided always and I do hereby further declare that on the death of my said Trustees or either of them or any other Trustees or Trustee to be appointed as hereinafter mentioned or if they or any of them shall decline or become incapable to act in the Trusts aforesaid or wish to have any other person or persons joined with them or him in the execution hereof then and as often as the same shall happen the surviving or continuing Trustee or Trustees if there shall be any or the Executor or Administrator of the last surviving or continuing Trustee shall and may by any Deed legally executed appoint a new Trustee or Trustees in the room [place] of the Trustees or Trustee so dying or declining or becoming incapable to act or act in conjunction with them or him as aforesaid

And thereafter the Trust Monies Funds and Premises shall and be assigned and transferred so that the same may be vested in the new Trustees or Trustee jointly with the surviving or continuing Trustees or Trustee or solely as occasion shall require and every new Trustee shall both before and after such assignment and Transfer have the same power rights expectations and discretions as the Trustees appointed by this my Will

And that the Trustees hereby appointed and to be appointed as aforesaid shall be respectively accountable only for the Money which they shall respectively actually receive and that they shall not be answerable the one for the other of them nor for the signing Receipts for the sake of Conformity nor for any Involuntary Loss and that they shall and may out of the Trust Monies pay and reimburse themselves and allow their Co-Trustee all Costs Charges Damages and Expenses which shall be incurred or sustained by the respectively in the execution of the aforesaid Trusts or in relation thereto

In Witness whereof I the said Mary Cook the Testatrix have to this my last Will and testament contained in Four Sheets of Paper to each sheet thereof set my Hand and my Seal at the top where all the said Sheets are affixed together this Seventh day of May one thousand eight hundred and thirty nine
Mary Cook

Signed and acknowledged by the said Mary Cook the Testatrix as and for her last Will and Testament in the presence of us who at her request in the [her] presence in the presence of each other have hereunto Subscribed our Names as Witnesses
John Thompson of Dover, Cordwainer W. Edmonds Clerk to Mr. Chalk, Solr., Dover

The before registered Will of Mary Cook, widow, deceased, was proved the Twelfth day of April 1841 before the Worshipful Sherrard Beaumont Burnaby Doctor of Laws Commissary General of the City and Diocese of Canterbury lawfully constituted by the Oaths of James Pilcher and Stephen Chalk clerk the Executors named in the said Will They begin first sworn by comission (sic) well and truly to perform the same

Notes:
Children: James Wood Cook was christened 5th June 1803 at St. Mary the Virgin, Dover, son of George and Mary Cook.
George Cook was a surgeon and does not appear to have been born locally.
James Wood Cook married on 11th September 1828 to Mary Quiney of Buckland by Dover at St. Mary the Virgin, Dover.
Their known children (all christened at St. Mary the Virgin:
06-Aug 1829 (born) and 20-Sep 1829 C Mary Wood Cook; (nothing further found)
30-Jan 1831 C Ann Fox Cook;
30-Dec 1831 (born) and 04-Mar 1832 C James Wood Cook; (nothing further found)
02-Jun 1833 C Susanna Pilcher Cook.
James Wood Cook (senior) died and was buried aged 49 on 5th April 1852 at St. Mary, Dover.
Daughter Ann Fox Cook married on 25th August 1853 to Henry Penney Mills at St. James the Apsotle, Dover. He: ofa, Ba., Lithographic Artist, otp., s. of William Mills, Coal Merchant. She: ofa, Sp., otp., d. of James Wood Cooke, Tailor. Wit.: James Wood Cooke, Mary Wood Cooke
Daughter Susanna Pilcher Cook had Banns of Marriage read 16th March 1860 with John Holmes Morris at SS Peter & Paul, Charlton-by-Dover. No marriage has been found at present, They were Bachelor and Spinster, both of Dover.

Transcribed by Shelagh Mason 17th June 2019. All rights waived for personal use � BUT please quote source and reference.

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