I hereby declare and discharge my son William Crofts of and from all sums of money I have advanced and paid to or for him previously to the date of this my Will excepting One thousand pounds part thereof and which sum of One thousand pounds I hereby expressly direct shall be deducted from the one third part of the residue of my estate hereinafter settled in favor of him the said William Crofts and avoid in equal moieties to the other two third parts of the residue of my Estate hereinafter sett in favor of my daughters Mary and Mary Ann
I hereby release and discharge my Son in Law John Howard the younger from the payment of all sums of money which I may have advanced to him previously to the date of this my will
I give and bequeath unto my Son William Crofts my watch with its appendages
I give and bequeath unto my beloved Wife Emily Mary Crofts the Sum of Two hundred pounds and
I direct that the same shall be paid to her within one calendar month next after my decease
I give and bequeath unto my friends William Druce Pickering of Margate aforesaid Tailor and John Freebody of Margate aforesaid Baker two of my trustees and executors hereinafter named the sum of one hundred pounds each as a small remuneration for the trouble they will have in the execution of this my Will
I order and devise unto the said John Howard William Druce Pickering and John Freebody and their
heirs all and singular my freehold messuages lands tenements and hereditaments whatsoever and
wheresoever with their and every of their rights members and appurtenances to hold the same unto
and to the use of the said John Howard William Druce Pickering and John Freebody their heirs and assigns for ever
Nevertheless upon the trusts and for the ends intents and purposes as are hereinafter expressed and
declared concerning the same, that is to say, Upon trust that the said John Howard William Druce
Pickering and John Freebody or the Survivors or survivor of them or their heirs of assigns of such
survivor do and shall at any time or times when they or he in their or his discretion shall think proper
make sae and absolutely dispose of the said Messuages Lands Tenements and other hereditaments
hereinbefore devolved with the appurtenances and the fee simple and inheritance thereof and in such
lots or parcels and either by public auction or by private contract or partly by public auction and
partly by private contract as my said trustees of Trustee for the time being shall think fit or advisable
with liberty from time to time if deemed expedient to buy in all or any part or parts of the said hereditaments which shall be offered for sale by public auction and to rescind or alter any Contract or Contracts for sale that may have been entered into and with power also to enter into special conditions and stipulations relative to the Title or otherwise without being answerable for any loss or diminution of price which shall arise from the exercise of any such discretionary powers as aforesaid and do and shall convey or otherwise assure the same when sold unto the person or persons what shall agree to become the purchaser or purchasers thereof his her or their heirs or assigns or to such other person or persons or to upon or for such uses trusts intents and purposes as he she or they shall direct or appoint
And I direct and declare it to be my will that the person or persons respectively who shall become the purchaser or purchasers of my said Messuages Lands and other hereditaments hereinbefore devised or any part thereof his her or their heirs executors or administrators shall not be obliged or required to see to the application of the money to be paid or advanced by him her or them respectively as the consideration of such purchase or purchases or be answerable or accountable for the misapplication or nonapplication of the same money or any part thereof after the same shall have been paid to or to the order of my said trustees or the survivors or survivor of them his executors or administrators nor be obliged or required to ascertain or enquire into the necessity reason or propriety of any such sale or sales as aforesaid and that every receipt of which shall be given by my said Trustees or the survivors or survivor of them his executors or administrators for such purchase money or any part thereof shall be a good valid and sufficient acquaintance and discharge for the sum or sums of money which therein or thereby respectively shall be acknowledged or expressed to be received And that very sale which shall be made and contract for sale which shall be entered into and Conveyance or other assurance which shall be executed by my said trustees or the survivors or survivor of them his heirs executors or administrators shall be binding and conclusive on all persons entitled to any Benefit under this my will
And I direct that the money which shall arise or be produced by or from such sale or sales as aforesaid shall be considered as part of my personal estate or of the proceeds thereof and shall be held and applied accordingly and also that the same premises shall in the meantime until sale thereof be considered as personal estate for all the purposes of this my will and that the rents and profits of the same premises shall be paid and applied to or for the benefit of the persons or persons who for the time being shall be entitled to the income of my personal estate or of the proceeds thereof
I give and bequeath all the Rest Residue and Remainder of my goods chattels monies and securities for money and other Personal Estate and Effects of what nature or kind saver and wheresoever not hereinbefore disposed of unto the said John Howard William Druce Pickering and John Freebody their executors administrators and assigns Upon the trusts and for the ends intents and purposes hereinafter expressed and declared concerning the same (that is to say)
Upon trust that they the said John Howard William Druce Pickering and John Freebody their
executors or administrators do and shall as soon as conveniently may be after my decease collect in
and receive all such parts of my personal estate as shall consist of money or debts and sell and
dispose of and convert into money all such parts of my personal estate as shall not consist of money
or debts in such manner and upon such terms as my said Trustees or Trustee for the time being shall
in their or his discretion think proper
And upon further trust that my said trustees or the survivors or survivor of them his executors or
administrators do and shall after and subject to the payment of my just debts and funeral and
Testamentary expences and the several legacies hereinbefore bequeathed lay out and invest all the
monies which shall be collected and raised or received as aforesaid (including the money arising from
the sale of the said Messuages Lands and there hereditaments hereinbefore devised) at interest in
their or his own names or name in or upon any of the Government or Parliamentary stocks or funds
of Great Britain or upon real securities in England with full power and authority from time to time to
change and vary the stocks funds and securities in or upon which the said trust monies or any part
thereof shall be invested either as occasion may require or as shall be thought fit and do and shall
stand possessed of the said trust monies stocks funds and securities
Upon the trusts following (that is to say) As to and concerning one equal third part of the said trust
monies (subject to the deduction therefrom of the sum of One thousand pounds which I have
hereinbefore directed to be made) and the stocks funds and securities in or upon which the same shall be invested
Upon trust that my said trustees or trustee for the time being do and shall pay the interest dividends and annual proceeds of the said one third part of the said trust monies unto my son William Crofts for his own use and benefit during the term of his natural life unless he shall sooner assign dispose of charge or incumber or agree or attempt to assign dispose or charge or incumber the same or any part thereof or do or agree to do any other act with a view or intent to vest the same or any part thereof in any other person or persons or to entitle him or them to receive the same and then and in any such case and from and immediately after any such assignment charge or incumbrance or attempt or endeavour to assign charge or incumber the same
Upon trust that my said Trustees or Trustee for the time being do and shall pay and apply and dispose of the same interest dividends and annual proceeds in or for the support and maintenance of my said son and in payment and discharge of the expences, to be by him incurred in or for Meat Drink Clothing House rent and other necessary and proper disbursements or expences but not to pay the same or any part thereof to any person or persons to or for whom he may have assigned disposed of or charged or intended or attempted or agreed to assign charge dispose of or incumber the same or any part thereof or in or for payment of any other debts demands or engagements than such as they or he my said trustees or trustee for the time being shall approve and allow and subject thereto Upon trust for and to pay the said interest dividends and annual proceeds unto the person or persons who would be entitled to the same in case my said son has departed this life
And from and after the decease of my said son do and shall stand and be possessed of the said one
third part of the said trust monies stocks funds and securities In trust for all the children born and to
be born of my said son William Crofts who shall be living at the time of his decease as being a son or
sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or
which shall first happen marry under that age with the consent of her or their guardians or guardian
for the time being and such of the issue of any child then dead or of any son who shall thereafter die
under the age of twenty one years leaving issue as being a male or males shall attain the age of twenty
one years or being a female or females shall attain that age or marry such Children and issue objects
of this present trust to take as tenants in common but so, nevertheless that the issue of any child so
dying as aforesaid shall take through all the legcees [legacies] equally among them as share or
respective shares only which the parent or respective parent of such issue would have taken if living
per stripes * [per stirpes] and not per capita
* per stirpes means “by roots” – thus indicating that only the descendants of the deceased (usually
“legally begotten”) can only inherit the portion that their parent had right to.
And as to and concerning one other equal third part of the said trust monies (together with the sum of five hundred pounds being one moiety of the sum of One thousand pounds hereinbefore directed to be deducted from the one third part of the said trust monies hereinbefore bequeathed in favor of my said son and the stocks funds and securities in or upon which the same shall be invested Upon trust that my said trustees or trustee for the time being do and shall pay apply and dispose of the interest dividends and annual proceeds thereof unto such person or persons and for such intents and purposes as my daughter Mary Howard the wife of the said John Howard notwithstanding coverture by any writing under her hand shall from time to time but not in any mode of anticipation direct or appoint and, in default of and until such direction or appointment into her own hands for her own sole and separate use and benefit independently and exclusively of her present or any future husband without being subject to his debts control interference o engagements and the receipt or receipts of my said daughter her appointee or appointees shall alsoe be a good and effectual discharge or such receipt or receipts shall be expressed to be received
And from and after the decease of my said daughter Mary Howard Then in case her said husband the said John Howard shall survive her do and shall pay the interest dividends and annual proceeds thereof unto the said John Howard for his own use and benefit during the term of his natural life and from and after the decease of the survivor of them my said daughter Mary Howard and her said husband the hereinbefore last mentioned third part of the said trust monies and the said Five hundred pounds and the stocks funds and securities in or upon which the same shall be invested shall remain and be upon and for such and the like trusts intents and purposes and powers and provisoes in favor or for the benefit of the children and issue of my said daughter Mary Howard as are hereinbefore expressed and declared in favor or for the benefit of the children and issue of my said son of and concerning the one third part hereinbefore bequeath in favor of him and them
And as to and concerning the remaining one third part of the said trust monies together with the sum
of five hundred pounds being the other moiety of the said sum of One thousand pounds hereinbefore
direct to be deducted from the one third part of the said trust monies hereinbefore bequeathed in
favor of my said son and the stocks funds and securities in or upon which the same shall be invested
Upon trust that my said trustees or trustee for the time being do and shall pay apply and dispose of
the interest dividends and annual proceeds thereof in manner following (that is to say)
As to two equal third parts thereof do and shall pay the same unto my said wife during her life or
widowhood for her own absolute use and benefit And as to the remaining one third part of the said
last mentioned third part of the said interest dividends and annual proceeds and also as to the said
two third parts of the same third part thereof after the death or marriage of my said wife do and shall
until my adopted daughter Mary Ann Clarke now residing with me and for whom I bear the same
affection as I have for me other Children shall attain the age of twenty one years or marry apply the
same for her maintenance and education or benefit and after she shall attain that age or marry do and
shall pay apply and dispose of the same interest dividends and annual proceeds when and as the
same shall from time to time become due and payable unto such person or persons
And for such intents and purposes as the said Mary Ann Clarke notwithstanding coverture by any
writing under her hand shall from time to time but not in any mode of anticipation direct or appoint
and in defalt of and until such direction or appointment into her own proper hands for ever (for her)
own sole and separate use and benefit independently and exclusively of any husband with whom she
may intermarry and without being subject to his debts control interference or engagements and the
receipt and receipts of the said Mary Ann Clarke or of her appointee or appointees shall alone be a
good and effectual discharge or good and effectual discharges for the same or for so much thereof as
in such receipt or receipts shall be expressed to be received
And if the said Mary Ann Clarke shall depart this life during the widowhood of my said Wife without leaving any child or issue than so and shall pay the whole of the said interest dividends and annual proceeds of the said entire one third part of the said trust monies and of the said five hundred pounds unto my said wife during the residue of her life if she shall so long continue my widow and unmarried
And from and after the decease of the said Mary Ann Clarke leaving a child children or issue the said one third part of the said last mentioned one third part of the said trust monies and of the said five hundred pounds and or the stocks funds and securities in or upon which the same shall be invested And also from and after the decease or marriage again of my said wife the remaining two third parts thereof shall remain and be upon and for such and the like trusts intents and purposes and powers and provisoes in favor or for the benefit of the children and issue of the said Mary Ann Clarke as are hereinbefore expressed and declared in favor or for the benefit of the children and issue of my said son of and concerning the one third part of the said trust monies stocks funds and securities hereinbefore bequeathed in favor of him and them
And I direct and declare it to be my will that in case any or either of them the said William Crofts Mary Howard and Mary Ann Clarke shall depart this life without leaving any children child or issue who shall become entitled to a vested interest in the said trust monies stocks funds and securities under the trusts hereinbefore contained the part or parts of him her or them the said William Crofts Mary Howard and Mary Ann Clarke so dying as aforesaid of and in the said trust monies stocks and securities and the interest dividends and annual proceeds thereof shall (subject to the one third part of the said Mary Howard to the estate or interest of her said Husband therein surviving this life and as to the one third part of the said Mary Ann Clarke to the estate or interest of my said Wife therein during her life or widowhood) Remain and be In Trust for the persons or person was under this my will shall or may be entitled to the other parts or part of the said trust monies stocks funds and securities and the interest dividends and annual proceeds thereof in the same proportions manner and form and with under and subject to the same powers provisoes and conditions as are herein before expressed and declared of and concerning their original parts or part of the said trust monies respectively
And in case the said William Crofts Mary Howard and Mary Ann Clarke shall all depart this life without leaving any child children or issue who shall become entitled to a vested interest in the said trust monies stocks funds and securities under the trusts hereinbefore contained the same shall remain and be In trust for person or persons who under the statutes made for the distribution of the personal Estate of persons dying intestate would then be entitled to my personal estate in case I had died possessed thereof intestate and to be divided between the same persons in the shares in which they are respectively entitled thereto under the same statutes
Provided always and I do hereby declare that it shall and may be lawful to and for the trustees or trustee for the time being of this my will to apply all or any part or parts of the interest dividends and annual income arising from the expectant portion or share of each and every person or persons entitle under this my will being an Infant or Infants of and in the said trust monies stocks funds and securities respectively during his or her minority in or towards his or her maintenance education or advancement in such manner as they my said trustees or trustee for the time being shall think fit notwithstanding such portion or share shall not then have become vested or payable
Provided also and I do hereby further declare that if the said John Howard William Druce Pickering
and John Freebody or any or either of them shall depart this life in my life time or shall at my decease
decline or be incapable of acting in the trusts of this my will or if after my decease they or any or
either of them or any future trustee or trustees to be appointed by virtue of the power for that
purpose hereinafter contained shall happen to die or be desirous of being discharged from or refuse
or decline or become incapable to act in the execution of the trusts of this my will before the same
shall be fully performed or otherwise satisfied
Then and in such case and so often as the same shall happen it shall be lawful for the surviving or
acting trustees or trustee for the time being of this my will or if there be none such for the unwilling
trustees or trustee or in case all the trustees shall have departed this life Then for the executors or
administrators of the last surviving trustee to nominate any fit person or persons to supply the place
or places of the trustees or trustee so dying or becoming unwilling or incapable to act as aforesaid
And that immediately after every such nomination the said trust estates monies and premises shall be conveyed and transferred to and in such manner as that the same may vest in the surviving or continuing trustees or trustee in such new trustees or trustee or in such new trustees or trustee solely as the case may require and such new trustees or trustee shall be entitled to exercise the same powers and authorities in relation to the said trusts as if he or they had been appointed a trustee or trustees by this my will
And I hereby further declare that the trustees or trustee for the time being of this my will shall be charged or chargeable only with such monies as they respectively shall actually receive by virtue of the trusts hereby reposed in them respectively notwithstanding their joining in any receipt or other act for the sake of conformity only and shall not be answerable or accountable for any Banker Broker or other person with whom or in whose hands the said trust monies or any part thereof shall be placed for safe custody or otherwise nor for the insufficiency or any security upon which the same shall be invested nor for any other loss misfortune or damage which may happen in the execution of the aforesaid trusts or any of them in relation thereto unless the same shall happen by or through or his own wilful default
And I do hereby declare that it shall be lawful by and out of the monies which shall come to their hands by virtue of this my will to retain to and reimburse themselves and to allow to their respective Cotrustees all such costs charges and expences as the respectively shall or may sustain incur or be put unto in or about the execution of the trusts or powers herein contained or otherwise in relation thereto
And I nominate and appoint my said son in law John Howard and the said William Druce Pickering and John Freebody Executors of this my Will and hereby revoking all former Wills and Testamentary dispositions I declare this to be my last Will and testament
In Witness whereof I the said Richard Dendy Crofts the Testator have to the first eight sheets of this my last Will and Testament
in nine sheets of paper contained set my hand and to this ninth and last sheet thereof my hand and seal this
twenty seventh day of July in the year of our Lord One thousand eight hundred and forty seven
Richard Dendy Crofts
Signed sealed published and declared by the said Richard Dendy Crofts 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
Jas. Edwd. Wright Solr. Margate - W. C. Brasier his Clerk
Proved at London the 15th September 1847 before the Judges by the oaths of John Howard the younger William Druce Pickering and John Freebody the Executors to whom Admon. was granted having been first sworn (to wit) the said John Howard before the Worshipful William Robinson Doctor of Laws and Surrogate and the said William Druce Pickering and John Freebody by Comon. [Commission] duly to Administer.
Transcribed by Shelagh Mason, April 2020
Return to Kent GenealogyWill of Richard Dendy Crofts